IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945 WP(C) NO. 5582 OF 2014 PETITIONER:
1 JAYARANI, W/O.SUBHASH, MGP XIII/234, MUNNAR-
685612.
2 SUDHA, W/O.ARUN, MGP XIII/234, MUNNAR-685812.
BY ADV SRI.P.RAMAKRISHNAN RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHEDULED CASTES &
SCHEDULED TRIBES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT SCHDEULED CASTE DEVELOPMENT OFFICER, OFFICE OF THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER, MOOLAMATTOM, IDUKKI - 685 589.
3 THE DISTRICT SCHDEULED CASTE DEVELOPMENT OFFICER, OFFICE OF THE TALUK SCHEDULED CASTE DEVELOPMENT OFFICER, DEVIKULAM, IDUKKI 685 613.
4 VELMURUGAN, MADURATHIL VEEDU KANTHALOOR, DEVIKULAM IDUKKI - 685 613.
5 RAJASEKHARAN, S/O.MUNIYANDI, PARVATHY DIVISION SEVENMALA, MUNNAR - 685 612.
6 SANGILI RAJ, S/O.THANKAVEL, DEVIKULAM ESTATE, LOWER DIVISION, MUNNAR - 685 612.
7 GURUSAMY, S/O.VELLAYYAN, LOCKHART ESTATE, FACTORY DIVISION, MUNNAR - 685 612.
8 APPU SURESH S/O.KALIMUTHU KANNIMALA ESTATE, MUNNAR - 685 612.
9 SANKAR DAYALAN S/O.RAMAN, SEVENMALA ESTATE, MUNNAR - 685 612.
10 GOPAL RAJ S/O.SEKHAR, SEVENMALA ESTATE, MUNNAR - 685 612.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
W.P(C).No.5582 of 2014 -------------------------------------------
Dated this the 27th day of February, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
A) Issue a writ of mandamus or any other appropriate writ or order directing respondents 1 to 3 to consider Exhibits P-2 and P-3 applications and confer the benefit envisaged in Exhibit P-1 on the petitioners, B) Issue a writ of mandamus or any other appropriate writ or order directing respondents 1 to 3 not to allot land under the Scheme referred to in Exhibit P-1 to respondents 5 to 10 or such other ineligible persons, C) Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to consider and pass orders on Exhibit P-4 representation, D) issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.
[SIC]
2. When this Writ petition came up for consideration, the counsel for the petitioners submitted that the petitioners will be satisfied if a direction is issued to the 3rd respondent to consider Exts.P2 and P3.
3. If Exts.P2 and P3 are pending as on today, there can be a direction to consider the same by the 3rd respondent with notice to the petitioners and other affected parties.
Therefore, this Writ Petition is disposed of with the following directions:
a) The 3rd respondent is directed to consider and pass appropriate orders in Exts.P2 and P3, if the same is pending as on today, as expeditiously as possible, at any rate within four months from the date of receipt of a copy of this judgment.
b) I make it clear that, I have not considered the matter on merit and the 3rd respondent is free to pass appropriate orders in it, if the same is pending as on today in accordance with law.
Sd/-
P. V. KUNHIKRISHNAN JUDGE Sbna/
APPENDIX OF WP(C) 5582/2014 PETITIONER EXHIBITS EXT.P1: TRUE COPY OF REPORT PUBLISHED IN MANGALAM DAILY DATED 1/2/2014.
EXT.P2: TRUE COPY OF APPLICATION SUBMITTED BY THE 1ST PETITIONER.
EXT.P3: TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER 2ND PETITIONER.
EXT.P4: TRUE COPY OF COMPLAINANT DATED 11/2/2014 SUBMITTED BY THE PETITIONERS EXT.P5: TRUE COPY OF CONSENT LETTER ISSUED BY THE 4TH RESPONDENT.
EXT.P6: TRUE COPY OF SAKSHYA PATHRAM DATED 24/1/2014 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.
EXT.P7: TRUE COPY OF SAKSHYA PATRAM DATED 24/1/2014 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT.
EXT.P8: TRUE COPY OF SAKSHYA PATRAM DATED 24/1/2014 ISSUED BY THE 3RD RESPONDENT TO THE 7TH RESPONDENT.
EXT.P9: TRUE COPY OF SAKSHYA PATRAM DATED 24/1/2014 ISSUED BY THE 3RD RESPONDENT TO THE 8TH RESPONDENT.
EXT.P10: TRUE COPY OF SAKSHYA PATRAM DATED 24/1/2014 ISSUED BY THE 3RD RESPONDENT TO THE 9TH RESPONDENT.
EXT.P11: TRUE COPY OF SAKSHYA PATRAM DATED 24/1/2014 ISSUED BY THE 3RD RESPONDENT TO THE 10TH RESPONDENT.
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