Kerala High Court
WP(C)/42161/2017 of JHANCI ANTONY Vs THE REVENUE DIVISIONAL OFFICER, FORT KOCHI on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 42161 of 2017 (U) ---------------------------- PETITIONER : --------------------- JHANCI ANTONY, AGED 53 YEARS, W/O.LATE ANTONY GEORGE, TICKNAR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
WP(C).No. 42161 of 2017 (U) ---------------------------- PETITIONER :--------------------- JHANCI ANTONY, AGED 53 YEARS, W/O.LATE ANTONY GEORGE, TICKNAR PETALS, FLAT NO.2 E, NETHAJI NAGAR, KADAVANTHARA, ERNAKULAM DISTRICT-682 020
BY ADVS.SRI.M.G.SREEJITH SMT.RONA GEEVARGHESE SMT.P.SHEENA RAJAN SMT.K.S.ARUNI RAJ
RESPONDENT(S):----------------------------
1. THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, ERNAKULAM, PIN-682 001
2. THE SHO, KADAVANTHARA POLICE STATION, KADAVANTHARA, ERNAKULAM, PIN-682 001
3. RAVI, AGED ABOUT 80 YEARS,
PRESIDENT RESIDENCE ASSOCIATION,
FLAT NO.3 E, NETHAJI NAGAR ROAD, KADAVANTHARA, KADAVANTHARA, ERNAKULAM DISTRICT-682 020
4. RAJAN, AGED ABOUT 84 YEARS, NETHAJI NAGAR ROAD, KADAVANTHARA, ERNAKULAM DISTRICT-682 020
SECRETARY RESIDENCES ASSOCIATION, FLAT NO.3 C,
5. K.V.JOY, AGE NOT KNOWN, S/O.JOY, KOLENCHERY HOUSE, P.S.ARA.22A, U.P.SCHOOL, PADAMUGHAL, KAKKANAD, PIN-682 030
KOLENCHERY HOUSE, P.S.ARA.22A, U.P.SCHOOL, R1 & R2 BY GOVERNMENT PLEADER SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 42161 of 2017 (U)
APPENDIX
PETITIONER'S EXHIBITS:
P1COPY OF THE PETITION FILED BY THE PETITIONER ON 27/11/2017 BEFORE THE 1ST RESPONDENT.THE 1ST RESPONDENT.
P2COPY OF THE NOTICE DATED 27/11/2017 SEND TO THE 2ND RESPONDENT FROM THE OFFICE OF THE 1ST RESPONDENTFROM THE OFFICE OF THE 1ST RESPONDENT
P3COPY OF PETITION FILED BY THE PETITIONER ON 23/12/2017 BEFORE THE 1ST RESPONDENT1ST RESPONDENT
P4COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT ON 23/12/2017.
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.S.TO JUDGE
DEVAN RAMACHANDRAN, J.
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W.P. (C) No.42161 of 2017
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Dated this the 29[th] day of December, 2017
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J U D G M E N T
The petitioner has filed this writ petition being aggrieved bythe fact that the application preferred by her underSections 13(1) and 13(2) of the Kerala Buildings (Lease and RentControl) Act, 1965 has not been considered by the1[st] respondent-Revenue Divisional Officer even though it waspreferred as early as on 27.11.2017. According to the petitioner,she is being subjected to extreme inconvenience and torture byrespondents 3 to 5 who are persistently disconnecting her waterconnection and thus forcing her to evict herself from the propertyin question. She has, therefore, prayed that her application, acopy of which has been produced as Ext.P1, be directed to beconsidered by the Revenue Divisional Officer expeditiously.
2. I have heard the learned counsel for the petitioner andthe learned Government Pleader appearing for respondents 1and 2.
3. In view of the directions that I propose to issue in thiswrit petition, I do not deem it necessary to issue notice torespondents 3 to 5. Since I notice the submission of the learnedcounsel for the petitioner that Ext.P1 representation has beenpending for the last more than one month, it is only proper thatthe 1[st] respondent takes up the same and dispose of it,of course, after hearing the petitioner as well as respondents 3 to5.
4. I, therefore, order this writ petition directing the 1[st] respondent to take up and consider Ext.P1 application of thepetitioner, if it is still pending before him, after issuing propernotice to the petitioner and respondents 3 to 5, so as to affordthem an opportunity of being heard and pass appropriate ordersthereon in terms of law within a period of three weeks from thedate of receipt of a copy of this judgment.
5. Learned counsel for the petitioner says that respondents3 to 5 are obstructing her even from obtaining water from othersources and therefore, that the 2[nd] respondent may be directed toensure that she is able to obtain essential supply of water.
This is a matter which the petitioner can place before the W.P.(C) No.42161/2017
2[nd] respondent and the 2[nd] respondent would, if the petitioner soapproaches him, be obligated to consider the same in terms ofthe applicable laws, but only after hearing the version ofrespondents 3 to 5 also.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRANJUDGE
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