High Court of KeralaWP(C)/10253/2015disposed of

A.Abbas v. The District Collector

2015-03-30Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 10253 of 2015 (F) ----------------------------------------- PETITIONER(S) :

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1. A.ABBAS, AGED 62 YEARS, S/O.ADEEPAT VEERANKUTTY, ADEEPAT HOUSE, POONGOTTUKULAM, TIRUR-676 101, MALAPPURAM (DIST).

2. MRS.SAFIYA, AGED 56 YEARS, W/O. A.ABBAS, ADEEPAT HOUSE, POONGOTTUKULAM, TIRUR-676 101, MALAPPURAM (DIST).

BY ADV. SRI.M.PRAVEESH RESPONDENT(S) :

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1. THE DISTRICT COLLECTOR, MALAPPURAM (DISTRICT), PIN-676 605.

2. THE REVENUE DIVISIONAL OFFICER, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 605.

3. THE AGRICULTURAL OFFICER, KRISHIBHAVAN, TIRUR, MALAPPURAM (DISTRICT), PIN-676 101.

4. LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, TIRUR MUNICIPALITY, PIN-676 101.

BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 10253 of 2015 (F) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE TAX RECEIPT.

EXHIBIT P2:

TRUE COPY OF THE DATA BANK ISSUED BY THE AGRICULTURE OFFICER, TIRUR.

EXHIBIT P3: TRUE APPLICATION DATED SUBMITTED BY THE PETITIONER BEFORE THE RDO, TIRUR.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.10253 of 2015 --------------------------------------- Dated this the 30th day of March, 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.P3 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 utlising the land comprised in Block No.04 of Re survey No.155/2, 155/3 and 155/6 of Thrikandiyur Village of Malappuram District for the purposes other than paddy cultivation as per Kerala Land Utilisation Order.

iii.

And to pass such other appropriate orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2. Heard the learned Government Pleader as well.

3. Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merit of the case. The writ petition is disposed of, directing the second

W.P.(C) No.10253 of 2015 respondent/ Revenue Divisional Officer to consider and pass appropriate orders on Ext.P3 as per the Kerala Land Utilisation Order. It shall be done, after hearing the petitioner, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of the judgment.

The petitioner shall produce a copy of the judgment, along with a copy of the writ petition, before the second respondent, for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE sp