IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 25206 of 2008(A) -------------------------- PETITIONER: --------------- M.MANIKKAM, W/O. LATE P.P.KUNHMBU, AGED 72 YEARS, MOOSARIKOVVAL, KUNHIMANGALAM P.O., KANNUR DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS -------------------------- 1. DISTRICT COLLECTOR, KANNUR 2. SPECIAL TAHSILDAR (LA) NAVAL ACADEMY, PAYYANNUR KANNUR DISTRICT. ADDL.R3 SPECIAL TAHSILDAR (la) THALASSERY IMPLEADED SUO MOTU AS ADDITIONAL R3 AS PER ORDER DATED 21.8.08. BY SR. G.P.SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------ W.P.(C).NO.25206 OF 2008-A ------------------------------ Dated this the 6th day of October, 2008. JUDGMENT The grievance of the petitioner is that an application for reference under Section 28A(3) filed by him (Ext.P2) dated 7.4.1998 has not been favourbaly considered by the second respondent till this moment. The case of the petitioner is that he had filed the original of Ext.P2 before the additional third respondent and it is the second respondent to take a decision on Ext.P2. The learned Government Pleader, on instructions, submitted that the second respondent has not yet received the original of Ext.P2, to be transferred from the additional third respondent. Under the above circumstances, I directed the counsel for the petitioner to produce evidence which will reveal that the petitioner has actually submitted the original of Ext.P2 before the additional third respondent. Accordingly, Sri. Remesan Nambisan, the counsel for the petitioner has placed before me a postal registration receipt pertains to Ext.P2. The receipt is dated 17.4.1998. I have no difficulty to accept the submission of Sri. Nambisan that the said receipt pertains to the original of Ext.P2. It is seen from the WPC.NO.25206/08 . 2 receipt that the same was sent to the second respondent in his correct address. In the above circumstances, I direct the petitioner to re-submit the original of Ext.P2 on or before 15.10.2008. If the original of a fresh petition exactly in the lines of Ext.P2 is submitted by the petitioner before the second respondent on or before 15.10.2008, the second respondent will treat the same as an application under Section 28 A(3) filed by the petitioner on 18.4.1998 and then pass appropriate orders on that application. If re- submission of Ext.P2 is in time, the same will be favourably considered and reference under Section 28 A(3) will be made to the concerned court. PIUS C. KURIAKOSE, JUDGE. cl WPC.NO.25206/08 . 3