Nezar Ashraf v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 9926 of 2015 (M) -------------------------- PETITIONER:

----------- NEZAR ASHRAF AGED 29 YEARS S/O.ASHRAF, THAMMANATHUPARAMBIL, THAMMANAM P.O KOCHI.

BY ADVS.SRI.JAISHANKAR V.NAIR SMT.ARATHI KARUNAKARAN SMT.PARVATHY S.KRISHNAN RESPONDENTS:

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1. THE DISTRICT COLLECTOR ERNAKULAM - 682 030.

2. THE VILLAGE OFFICER, CHOORNIKARA VILLAGE, ERNAKULAM - 682 130.

3. THE AGRICULTURAL OFFICER, CHOORNIKARA VILLAGE, ERNAKULAM - 682 130.

SRI.K.C.VINCENT, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RKC

WP(C).No. 9926 of 2015 (M) --------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------- EXHIBIT-P1-TRUE COPY OF THE APPLICATION DATED 18/03/2015. RESPONDENTS' EXHIBITS: NIL RKC TRUE COPY PA TO JUDGE

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 9926 of 2015 -------------------------------------------- Dated this the 8th day of April, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"1. To issue a writ of mandamus or other appropriate writs or orders commanding the 1st respondent herein to immediately consider Exhibit P1 application of the petitioner and pass orders on the same immediately.

2. To issue a writ of mandamus or other appropriate writs or orders commanding the 1st respondent to grant permission to the petitioner to utilize the land for other purposes under the Kerala Land Utilization Order, 1967.

3. To declare that the land of the petitioner comprised in survey No. 355 of Poyya Village, Mala, Kodungalloor, Thrissur, is 'Purayidam' and grant permission to the petitioner to utilize the land for other purposes.

4. To issue such other writs, orders or directions as this Honourable Court may deem fit, proper and just as to the circumstances of the case."

When the matter is taken up for consideration, the learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the 1st respondent to consider and pass appropriate orders on Ext.P1 wherein the grievance of the petitioner has been projected and highlighted.

W.P.C. No. 9926 of 2015 -22. Heard the learned Government Pleader as well the matter can be considered after calling for a report from the 3rd respondent.

3. In view of the limited relief sought for, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P1 in accordance with law, after giving an opportunity of hearing to the petitioner and after calling for a report from the 3rd respondent, 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 1st respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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