George M.M v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 3172 of 2015 (V) --------------------------- PETITIONER :
------------------ GEORGE LAL.M.M., AGED 47 YEARS, S/O.LATE MATHE, DOOR NO.3/284, MUDAVAMMURY HOUSE, KUMBALANGHI P.O., ERNAKULAM DISTRICT PIN - 682 007 BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS SRI.MALLENATHAN.M.
SRI.ANEESH JAMES SRI.ANIL R.NATH RESPONDENTS :
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1. THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD P.O., ERNAKULAM PIN - 682 030
2. THE DISTRICT LEVEL AUTHORISED COMMITTEE, ERNAKULAM, REPRESENTED BY ITS CHAIRMAN, THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM PIN - 682 001 BY GOVERNMENT PLEADER SRI.MUHAMMED SHAFI M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 3172 of 2015 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:
A TRUE COPY OF THE SALE DEED NO. 1081 OF 20005 OF MATTANCHERRY SRO.
P2:
A TRUE COPY OF THE SALE DEED NO. 1082 OF 2005 OF MATTANCHERRY SRO.
P3:
A TRUE COPY OF THE APPLICATION DATED 26.6.2012 SUBMITTED BY THE PETITIONER BEFORE THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE BY THE PETITIONER BEFORE THE R1.
RESPONDENT(S)' EXHIBITS :
NIL.
--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp
C.K. ABDUL REHIM, J.
------------------------------------------------- W.P.(c) No. 3172 OF 2015-V ------------------------------------------------- DATED THIS THE 16th DAY OF FEBRUARY, 2015.
J U D G M E N T
Application submitted by the petitioner under Section 5 (3) (i) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 seeking permission to reclaim 10 cents of land for construction of a residential building, was considered by the Local Level Monitoring Committee of Kumbalanghi Grama Panchayat. It is stated that the committee after consideration of the matter in its meeting held on 09-10-2012 had recommended for permitting the reclamation, for which Ext.P3 application along with the recommendations were forwarded to the 1st respondent. It is stated that the matter has to be placed before the 2nd respondent and it is for the 2nd respondent to take a decision granting such permission. Grievance of the petitioner is that, despite lapse of more than 2 years, the matter has not been decided by the 2nd respondent. It is stated that the 1st respondent had alloted file
W.P.(c) No. 3172/2015 -2No.L10.63977/2013 with respect to the subject matter. But the file was not processed and placed for consideration before the 2nd respondent.
2.
Heard; Government Pleader appearing for the respondents. In view of the circumstances mentioned as above, this court is of the opinion that a direction to the 2nd respondent to consider the matter and to take an appropriate decision within a time limit would suffice to meet the ends of justice.
3.
Therefore this writ petition is disposed of by directing the 2nd respondent to dispose of Ext.P3 application, which is allegedly pending, if necessary after affording an opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.
Sd/- C.K. ABDUL REHIM JUDGE AMG True copy P.A. to Judge