High Court of KeralaWP(C)/5980/2015disposed of

Puzhakkal Developers Pvt.Ltd v. State Of Kerala

2015-03-20Honourable 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 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 5980 of 2015 (V) --------------------------- PETITIONER :

------------------ PUZHAKKAL DEVELOPERS PVT.LTD., PUZHKKAL P.O., THRISSUR DISTRICT REPRESENTED BY ITS AUTHORIZED SIGNATORY S. UNNIKRISHNAN S/O. SREENARAYANA KURUP, . FLAT NO.12 CAPITAL GARDEN, POONKUNNAM, THRISSUR BY ADVS.SRI.C.M.MOHAMMED IQUABAL SMT.T.J.SEEMA RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM - 695 001

2. THE LOCAL LEVEL MONITORING COMMITTEE, THRISSUR - 680 010, REPRESENTED BY ITS CONVENER

3. THE AGRICULTURAL OFFICER, KOLAZHI AGRICULTURAL OFFICER, THRISSUR DISTRICRT - 680 010 BY GOVERNMENT PLEADER SRI.K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5980 of 2015 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF DOCUMENT NO.1453/2013 DATED 25.3.2013 OF SRO THRISSUR.

EXHIBIT P2:

THE TRUE COPY OF THE ORDER DATED 12.12.2007 OF THE REVENUE DIVISIONAL OFFICER, THRISSUR.

EXHIBIT P3:

THE TRUE COPY OF THE DRAFT DATA BANK PREPARED BY THE 2ND RESPONDENT.

EXHIBIT P4:

THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY MR. RAVEENDRA NATHAN NAIR DATED 22.10.2010.

EXHIBIT P5:

THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE THIRD RESPONDENT DATED 02.02.02015 RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 5980 of 2015 ------------------------------------------- Dated this the 20th day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"a) Issue a Writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to correct Ext.P3 draft data bank as per Ext.P4 and P5 representations.

b) Issue a Writ of mandamus or any other appropriate writ order or direction directing the 3rd respondent to consider and pass appropriate orders on Ext.P4 and P5 representations within a time stipulated by this Hon'ble Court.

c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time."

The learned counsel for the petitioner submits that, the property of the petitioner has been wrongly included in the Data Bank Register, which hence is sought to be removed by filing application before the 2nd respondent, which is still to be acted upon and hence the writ petition.

The learned Government Pleader submits on instruction that, no application has been preferred by the

WP(c). No.5980 of 2015 petitioner so far and if any application is filed, the same shall be considered and appropriate orders shall be passed within the shortest possible time.

In the said circumstance, the petitioner is set at liberty to submit a fresh application referring to all the facts and figures, upon which the same shall be considered and appropriate orders shall be passed after conducting a local inspection with notice to the petitioner. It shall be done, by the 2nd respondent, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of the writ petition.

The writ petition stands disposed of. 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.