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HIGH COURT OF KERALA
T. R. Ravi, J
AMINA SHEIK – Appellant
Versus
THE SPECIAL TAHSILDAR (LAND ACQUISITION) – Respondent
WP(C)/20940/2022
Writ - Government Proceedings - N/A - The court directed the respondent to consider and dispose of the petitioner's representation within a specified timeframe, emphasizing procedural fairness and timely action in administrative matters.
Fact of the Case:
The petitioners sought a direction for the second respondent to consider and dispose of representations made regarding grievances related to an award and subsequent actions.
Issues: Whether the court should compel the second respondent to consider and dispose of the petitioner's representation promptly.
Ratio Decidendi: The court held that administrative bodies have a duty to consider and respond to representations made by individuals, particularly when a limited and clear request is presented.
Final Decision: The writ petition is disposed of with a direction to the second respondent to consider Ext.P13 within one month.
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
The limited prayer made in the writ petition is for a direction to the 2nd respondent to consider and dispose of Ext.P13.
In view of the limited prayer made, this writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P13 with notice to the petitioners at the earliest at any rate within one month from the date of receipt of a copy of this judgment.
Sd/- T.R.RAVI JUDGE sn APPENDIX OF WP(C) 20940/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE DATED 26.09.2020 ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF AWARD IN LAC NO. 138/ UPPALA VILLAGE DATED 26.09.2020 OF THE 2ND RESPONDENT.
Exhibit P3 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED
06.10.2020 ISSUED BY THE CHIEF REGISTRAR OF BIRTHS AND DEATHS, CORPORATION OF THE CITY OF MANGALORE.
Exhibit P4 TRUE PHOTOCOPY OF THE LEGAL HEIR CERTIFICATE BEARING NO.RDOO38847357799 ISSUED TO THE PETITIONERS 1 TO 3 ALONG WITH ITS TRUE ENGLISH TRANSLATION.
Exhibit P5 TRUE PHOTOCOPY OF RELEVANT PAGES OF SALE DEED NO.3232/2016 DATED 23.8.2016 ALONG WITH ITS TRUE ENGLISH TRANSLATION.
Exhibit P6 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED
29.5.2018 FOR RS.93,893/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE JOINT NAMES OF LATE MOHAMMED AFSAL AND 4TH PETITIONER.
Exhibit P7 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED
30.11.2018 FOR RS.1,89,247/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE JOINT NAMES OF LATE MOHAMMED AFSAL AND 4TH PETITIONER.
Exhibit P8 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED
24.4.2019 FOR RS.85/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE NAME OF MOHAMMED AFSAL.
Exhibit P9 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED
24.04.2019 FOR RS.45/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE NAME OF 4TH PETITIONER.
Exhibit P10 TRUE PHOTOCOPY OF REPRESENTATION DATED 9.6.2021 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT.
Exhibit P11 TRUE PHOTOCOPY OF JUDGMENT DATED 6.7.2021 IN W.P.
(C) NO.13143/2021.
Exhibit P12 THE PHOTOGRAPHS OF THE STEPS Exhibit P13 TRUE PHOTOCOPY OF REPRESENTATION DATED 24.6.2022 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE
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