Basi v. The District Collector, Thrissur
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12128 of 2015 (M) ---------------------------- PETITIONER:
------------------- BASI, AGED 47 YEARS, S/O.KARUNAKARAN, KURIYAKATTU HOUSE, PORANATTUKARA VILLAGE, KUTHUVARA DESOM, PUZHAKKAL.P.O., THRISSUR DISTRICT.
BY ADVS.SRI.C.PRABIN BENNY SRI.RAJESH CHAKYAT SMT.B.L.RENJU RESPONDENT(S):
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1. THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003.
2. THE SUB DIVISIONAL MAGISTRATE, THRISSUR, COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003.
3. THE TAHSILDAR, THRISSUR, THRISSUR TALUK OFFICE, CIVIL STATION, THRISSUR - 680 001.
4. THE VILLAGE OFFICER, PORANATTUKARA VILLAGE, THRISSUR DISTRICT, PIN - 680 013.
5. THE ADATTU GRAMA PANCHAYAT, PORANATTUKARA.P.O., THRISSUR, REPRESENTED BY ITS SECRETARY, PIN - 680 551.
6. THE AGRICULTURAL OFFICER, ADATTU, THRISSUR DISTRICT - 680 551.
7. LINI, AGED 36 YEARS, W/O.SADHANANDHAN, EDATHARA VEEDU, KUTTUR VILLAGE/DESOM, KUTTUR.P.O., THRISSUR, PIN - 680 013.
R1 TO R4 & R6 BY SENIOR GOVT. PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 12128 of 2015 (M) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:
------------------------------------ EXHIBIT P1 :
A TRUE COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DATED 18.12.2014.
EXHIBIT P2 :
A TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT AND ITS RECEIPT DATED 9.2.2015. EXHIBIT P3 :
A TRUE COPY OF THE STOP MEMO ISSUED BY THE 5TH RESPONDENT DATED 10.3.2015.
RESPONDENT'S EXHIBITS:
- NIL -------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/
P.R. RAMACHANDRA MENON, J.
======================== W.P.(C). No. 12128 of 2015 -------------------------------------------- Dated this the 10th day of April, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers:
"1. Issue a writ of mandamus or other appropriate writ or order directing the 1st respondent to consider Ext.P2 and pass appropriate order in accordance with law within a period of two weeks.
2. Issue writ of mandamus or other appropriate writ or order directing the 1st respondent to take immediate steps to stop the unauthorised conversion of the paddy land owned by the 7th respondent in resurvey No.178/6(old survey No.193/5,6) of Poranattukara Village which is having an extend of 571⁄2 cents.
3. To issue such other writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case."
The learned counsel for the petitioner submits that the grievance of the petitioner has also been projected by way of Ext.P2 complaint preferred against the illegal conversion and classification of the land. As per Exts. P1 and P3, respondents 4 and 5 issued stop memo against the illegal and unauthorised activities of the 7th respondent. Being aggrieved of the inaction of the 1st respondent in not considering Ext.P2 the petitioner has approached this Court and the prayer is to cause the same to be considered and disposed of within a reasonable time.
W.P.C. No. 12128 of 2015 -22. Heard the learned Government Pleader as well.
3. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P2 in accordance with law, after giving an opportunity of hearing to the petitioner and respondents 5 and 7 at the earliest, at any rate, within 'six weeks' 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. Sd/- P.R. RAMACHANDRA MENON, JUDGE.
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