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Judgment
Devan Ramachandran, J
The petitioner alleges that the acquisition done by the competent respondent for the purpose of 'Kanjirapuzha Irrigation Project' was in error, because it took in her property, which had not been included in the official notification.
The petitioner says that, therefore, the only option now available before the competent Authorities is to make necessary adjustments in the survey and revenue records, so as to render her title over the property in question, clear and tenable. She says that she has thus preferred Ext.P8 application and seeks that same be directed to be considered by the 6th respondent - District Collector, within a time frame to be fixed by this Court.
Sri.Ravikrishnan - learned counsel appearing for the petitioner, further submitted that his client is a 78 year old lady, suffering from breast cancer and in urgent requirement for money for treatment, including for surgery and chemotherapy. He thus prayed that 6th respondent be directed to consider this case as a special one and to dispose of Ext.P8 application, within a period of two weeks, if it is so possible.
Smt.K.Amminikutty - learned Senior Government Pleader, submitted that if the petitioner only requires Ext.P8 to be taken up and disposed of by the 6th respondent - District Collector, there does not appear to be any legal impediment in doing so; however, praying that this Court may not make any affirmative declarations in her favour in this judgment and leave it to the said Authority to take an apposite decision thereon, as per law.
Smt.K.Amminikutty, thereafter, prayed that the District Collector be granted at least a month's time, since it will require assessment of germane and relevant documents and materials.
When I evaluate the afore submissions, it is without doubt that, on account of the petitioner's poor health and advanced age, action on Ext.P8 will have to be completed by the District Collector, without any avoidable delay.
Resultantly, I order this writ petition and direct the 6th respondent - District Collector, to take up Ext.P8 application of the petitioner and dispose of the same, after affording her or her authorized representative an opportunity of being heard; thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
I direct the District Collector to treat the afore directions as being peremptory and not to seek any further extension of time; and for the purpose of expeditious compliance of the afore directions, I order the petitioner or her authorized representative to mark appearance before the said Authority at 11 A.M. on 24.11.2021; on which day, said Authority will hear the person, or fix another date for hearing, but complete the proceedings within the afore time frame.