Fousia v. The District Collector, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).No. 22655 of 2015 (F) ---------------------------- PETITIONER :

----------------- FOUSIA, AGED 29 YEARS,W/O. SULAIMAN, THEKKUMURIYIL, PUTHIYANKAM AMSOM DESOM, ALATHUR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADVS.SRI.H.BADARUDDIN SMT.LAYA SIMON RESPONDENTS :

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1. THE DISTRICT COLLECTOR, PALAKKAD - 678001

2. THE REVENUE DIVISIONAL OFFICER, PALAKKAD DISTRICT - 678 001.

3. TAHSILDAR, ALATHUR TALUK, PALAKKAD DISTRICT - 676 541.

4. THE VILLAGE OFFICER, ALATHUR VILLAGE, PALAKKAD - 678 541.

5. LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR THE AGRICULTURAL OFFICER, ALATHUR VILLAGE, ALATHUR TALUK, PALAKKAD - 678 541.

R1 TO R4 BY GOVERNMENT PLEADER SRI. P.K. SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 22655 of 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:- TRUE COPY OF THE TITLE DEED IN FAVOUR OF THE PETITIONER BEARING NO. 895/1/2014 OF SUB REGISTRY IN ALATHUR IN PALAKKAD DISTRICT.

EXHIBIT-P1(A): TRUE COPY OF THE LAND TAX RECEIPT DATED 15/12/2014. EXHIBIT-P2:

TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ALATHUR VILLAGE BEARING NO. 715/2015 DATED 07/04/2015. EXHIBIT-P3:

TRUE COPY OF THE LOCATION SKETCH/MAP ISSUED BY THE VILLAGE OFFICER, ALATHUR.

EXHIBIT-P4:

TRUE COPY OF THE ELECTION ID CARD NO. DLV 1654201 ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE PETITIONER. EXHIBIT-P5:

TRUE COPY OF THE AHDAR CARD BEARING NO. 740068389251 ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA TO THE PETITIONER.

EXHIBIT-P6:

TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ALATHUR VILLAGE TO THE PETITIONER. EXHIBIT-P7:

TRUE COPY OF THE REPRESENTATION ISSUED BY THE PETITIONER BEFORE THE 5TH RESPONDENT AGRICULTURAL OFFICER. RESPONDENT(S)' EXHIBITS :

NIL.

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

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.22655 of 2015 - F ====================== Dated this the 4th day of August, 2015

J U D G M E N T

The petitioner seeks consideration of Ext.P7 representation for constructing residential building in a paddy land. Ext.P7 is said to be filed before the Agricultural Officer, who is the convenor of the Local Level Monitoring Committee (LLMC). The application would have to be filed before the LLMC under Rule 5 of the Kerala Conservation of Paddy Land and Wet Land Rules, 2008.

2. In such circumstances, the petitioner has to make a proper application in Form No.1 under the Rules along with the documents upon which the LLMC would definitely have to consider the same.

The writ petition is disposed of leaving such remedy to the petitioner.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.