Teddy N. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 5861 of 2015 (G) --------------------------- PETITIONER(S):
----------------------- TEDDY N. AGED 61 YEARS S/O GEORGE, NADAVATHUMURI HOUSE 3D PAUL ABRO RESIDENCY, CHITTOOR ROAD, KACHERIPADY ERNAKULAM NORTH P.O., DT-682013.
BY ADVS.SRI.AVANEESH KOYIKKARA SRI.LINDONS C.DAVIS RESPONDENT(S):
-------------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF AGRICULTURE, SECRETARIAT THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, ERNAKULAM.
BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK
WP(C).No. 5861 of 2015 (G) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXHIBIT P1:
TRUE COPY OF THE CERTIFICATE DATED 16.12.2014 ISSUED BY THE AGRICULTURE OFFICER, KALADY.
EXHIBIT P2:
TRUE APPLICATION DATED 4.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.
RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE STK
P.R. RAMACHANDRA MENON, J.
======================== W.P.(C). No. 5861 of 2015 -------------------------------------------- Dated this the 24th day of February, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers:
"i. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to consider and pass orders on Ext.P2 within a time frame fixed by this Hon'ble Court.
ii. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to permit petitioner for utilising the land comprised in Block No.27 of Re survey No. 148/10, 163/2, 163/1 of Mattoor Village of Ernakulam District for the purposes other than paddy cultivation as per Kerala Land Utilisation Order."
The learned counsel for the petitioner submits that the grievance of the petitioner has also been projected by way of Ext.P2 application which is pending consideration before the 2nd respondent and that the petitioner will be satisfied, if a direction is given to the said respondent to have it considered and disposed of within a reasonable time.
2. Heard the learned Government Pleader as well.
W.P.C. No. 5861 of 2015 -23. After hearing both the sides, the writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P2 application in accordance with law after getting necessary report from the Agricultural Officer and after giving an opportunity of hearing to the petitioner at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for further steps.
Sd/- P.R. RAMACHANDRA MENON, JUDGE.
kp/-