IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 36915 of 2008(T) -------------------------------------- PETITIONER(S): ---------------------- PENAKOM RAMACHANDRAN @ RAMACHANDRAN, DISTRICT SECRETARY OF PEOPLES UNION FOR CIVIL LIBERTIES, P.O.PERAVALLOOR, CHAVAKKAD TALUK, TRICHUR DISTRICT. BY ADV. SMT.K.NANDINI RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, TRICHUR. 2. THE DISTRICT MEDICAL OFFICER, TRICHUR. 3. THE REVENUE DIVISIONAL OFFICER, TRICHUR. 4. THE DISTRICT SUPPLY OFFICER, TRICHUR. 5. THE PAVARATTY GRAMA PANCHAYAT, P.O.PAVARATTY, TRICHUR DISTRICT. 6. THE DIG OF POLICE, TRISSUR. 7. THE SUPERINTENDENT OF POLICE, TRICHUR. GOVERNMENT PLEADER SRI.SREEKRISHNA M.P. FOR R1 TO R4 & R6, R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY, Ag.CJ & THOMAS P.JOSEPH, J. ================================ W.P.(C).No.36915 of 2008 - T =============================== Dated this the 19th day of December, 2008. J U D G M E N T KOSHY, Ag.CJ. This writ petition is filed seeking the following reliefs: i) Issue a writ of mandamus directing to R2 to constitute a medical board to assess the lunasi/unsoundness of mind of Balachandran and deliver continuous treatment and medication. ii) Issue a writ of mandamus directing the R3 to cut and remove the obstructing baniyan tree near the house of Balachandran and remove the obstruction created in the pathway to his residence. iii) Issue a writ of mandamus directing the R4 to take steps to issue ration card to Balachandran with immediate effect. iv) Issue a writ of mandamus directing the R5 to issue building collapsed certificate and residence certificate and certificate recommending the rationing authority for ration card with immediate effect. 2. Already a petition was filed before the District Judge, Thrissur by Ext.P2. It is numbered as MHOP.No.381 of 2006 and is pending before the District Judge, Thrissur. Petitioner has to seek his remedies with regard to prayer No.2 from that court. With regard to the construction of the house and removal of baniyan tree which is stated to obstruct his house, there are many civil disputes pending. Without resolution of those civil W.P.(C).No.36915 of 2008 - T 2 disputes, a direction by a writ of mandamus cannot be issued by this Court in that regard. If the petitioner has no ration card at all, petitioner may apply to the rationing officer and on getting the application for ration card, rationing officer shall decide the matter and pass appropriate orders. Petitioner can produce a copy of this judgment before the rationing officer. So without prejudice to other remedies available to the petitioner, this writ petition is disposed. J.B.KOSHY, ACTING CHIEF JUSTICE THOMAS P.JOSEPH, JUDGE bkn/-