High Court of KeralaWP(C)/2438/2015disposed of

Abdu Raheem v. District Collector

2015-01-23Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 2438 of 2015 (D) ------------------------------------- PETITIONER(S):

----------------------- ABDU RAHEEM P., AGED 33 YEARS, S/O.MOHAMMED HAJI, CHELAPPURATH HOUSE, VELLIMUKKU, ALUNGAL P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.MOHAMED JAMEEL RESPONDENT(S):

--------------------------

1. DISTRICT COLLECTOR, MALAPPURAM - 676 505.

2. THE DISTRICT LEVAL AUTHORISED COMMITTEE REPRESENTED BY ITS CHAIRMAN, (THE REVENUE DIVISIONAL OFFICER) MALAPPURAM DISTRICT - 676 505.

3. LOCAL LEVAL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR CUM AGRICULTURAL OFFICER, PADIKKAL, VELIMUKKU P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 317.

BY SPECIAL GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 2438 of 2015 (D) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: THE TRUE COPY OF THE REGISTERED DOCUMENT BEARING NO. 2023/2012 OF S.R.O.TIRURANGADI.

EXT.P2: THE TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE LAND SITUATED IN R.S. 500/4 ISSUED BY THE VILLAGE OFFICER, MUNNIYOOR.

EXT.P3: THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 2438 of 2015 -------------------------------------------- Dated this the 23 rd day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i. Issue a writ of mandamus or such other appropriate writ or order commanding the 3rd respondent to consider Ext.P2 in accordance with law as expeditiously as possible within such time frame as fixed by this Hon'ble Court.

ii. Issue writ of mandamus or such other appropriate writ or order commanding 2nd respondent to grant permission to reclaim the land for the construction of residential house in R.S. 500/4 situated in Velimukku amsom, Manniyoor Village and Tirurangadi Taluk."

2. When the matter is taken up for consideration, the learned counsel for the petitioner submits that, the grievance of the petitioner has also been projected by way of Ext.P3 which is rd respondent and the prayer is pending consideration before the 3 only to cause the same to be considered and disposed of within a reasonable time.

3. Heard the learned Government Pleader as well, who nd submits that the matter has to be forwarded to the 2

W.P.C. No.2438 of 2015 -2respondent after conducting a site inspection and a report with necessary remarks shall be there.

4. After hearing both the sides, the writ petition is disposed rd respondent to forward the matter as above to of, directing the 3 nd respondent and the 2 nd respondent shall consider the the 2 matter and pass appropriate orders in accordance with law, at the earliest at any rate within 'one month' thereafter. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further step.

P.R. RAMACHANDRA MENON, JUDGE.

kp/-