This is virtually the second round of litigation for the petitioner in respect of the same grievance. Earlier, the petitioner filed W.P.(C)No.1032 of 2014 and the same was disposed of by this Court as per Ext.P16 judgment. The petitioner moved the said writ petition seeking for a direction to consider Ext.P11 application, referred as such in that writ petition. Taking note of the submission made by the learned Government Pleader that an appeal viz., Ext.P15 was preferred by the petitioner this Court disposed of the writ petition with a direction to the Revenue Divisional Officer, Muvattupuzha to consider and pass appropriate orders on Ext.P15 appeal. Later, the petitioner approached the Revenue Divisional Officer, Muvattupuzha seeking compliance with the directions in Ext.P16 judgment. However, the petitioner was informed that the jurisdiction to decide the appeal in fact, lies with the Revenue Divisional Officer, Fort Kochi. In the said circumstances Ext.P17 appeal was filed by the petitioner before the third respondent. The short prayer made by the petitioner is for a direction to the third respondent to consider the same and pass appropriate orders.
WP(C).No.12342/2014 2
2. I have heard the learned counsel for the petitioner and also the learned Government Pleader.
3. Obviously, the petitioner was constrained to file Ext.P17 appeal owing to the fact that Ext.P15 appeal was preferred not before the competent appellate authority. Taking into consideration the said fact and also Ext.P16 judgment I am of the view that this writ petition can be disposed of with a direction to the third respondent to consider and pass appropriate orders on Ext.P17 appeal expeditiously and in accordance with law, within a period of three months from the date of receipt of copy of this judgment. Ordered accordingly.
Sd/-
C.T.RAVIKUMAR Judge TKS