IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 36803 of 2008(F) -------------------------- PETITIONER(S): --------------- MUKALAL MANOHARAN, S/O. SREEDHARAN, CHUZHALI AMSOM, KOLATHUR DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: ---------------- 1. DISTRICT COLLECTOR, KANNUR DISTRICT, COLLECTORATE, KANNUR DIST. 2. CHENGALAI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHENGALAI GRAMA PANCHAYATH, KANNUR (DT) 3. METTAPPALLIL MATHAI, S/O. MATHAI, CHUZHALI AMSOM, KOLATHUR DESOM, THALIPARAMBA TALUK, KANNUR DT. ADV. SRI.BLAZE K.JOSE FOR R2 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.36803/2008 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT DATED 15/12/05 IN O.S.123/05 ON THE FILE OF THE SUB COURT, PAYYANNUR FILED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER DTD. 31/1/06 IN L.A.No.1114.05 IN O.S.No.123/05 OF SUB JUDGE, PAYYANNUR. EXT.P3: COPY OF THE RATION CARD WHICH SHOWS THE PETITIONER'S RESIDENCE ISSUED BY THE CIVIL SUPPLIES OFFICER DATED NIL. EXT.P4: COPY OF THE VOTERS IDENTITY CARD DATED 14/1/99 ISSUED BY THE ELECTORAL REGISTRATION OFFICER. EXT.P5: COPY OF THE RELEVANT PAGES OF THE VOTERS LIST OF THE 2ND RESPONDENT'S PANCHAYATH OF 1ST WARD ISSUED BY THE ELECTORAL REGISTRATION OFFICER DATED NIL. EXT.P6: COPY OF THE VOTERS LIST OF IRIKKUR ASSEMBLY CONSTITUENCY DATED NIL ISSUED BY THE ELECTORAL OFFICER. EXT.P7: COPY OF THE RELEVANT PAGES OF BELOW POVERTY LINE FAMILIES LIST PREPARED BY THE 2ND RESP[ONDENT DATED NIL. EXT.P8: COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 8/9/08. EXT.P9: COPY OF THE REPRESENTATION DATED 26/3/08 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P10: COPY OF THE BPL LIST PUBLISHED BY THE 2ND RESPONDENT DATED NIL. EXT.P11: COPY OF THE APPEAL DATED 3.10.08 FILED BY THE PETITIONER. TRUE COPY P.A TO JUDGE S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 36803 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2009 J U D G M E N T The petitioner claims to be in ownership and possession of 50 cents of land on which a house bearing No. C.PII-417 is situate, in Re- survey No. 30 in Chuzhali Amsom, Kolathur Desom. The petitioner's grievance is that, that house is now shown in the list of families below poverty line (BPL) published by the 2nd respondent Panchayat, wherein the 3rd respondent has been shown as the occupier of the said building. According to the petitioner, the petitioner himself is in occupation of that building and the 3rd respondent does not have any possession in respect of that building. In the above circumstances, the petitioner has filed Ext.P11 representation before the 1st respondent in this regard for disposing which according to the petitioner, the District Collector has jurisdiction under Circular No. 24333/DD 3/08/L.S.G.V. dated 8.4.2008 issued by the Government. The petitioner therefore seeks a direction to the 1st respondent District Collector to consider and pass orders on Ext.P1 expeditiously. 2. I have heard the learned Government Pleader and the Counsel for the 2nd respondent also. W.P(C)No. 36803 of 2008 - 2 - Although notice has been served on the 3rd respondent, there is no appearance on behalf of the 3rd respondent. After hearing the petitioner, the learned Government Pleader and counsel appearing for the 2nd respondent Panchayat, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P11, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as respondents 2 and 3. S.SIRI JAGAN, JUDGE rhs