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High Court of KeralaWP(C)/24140/2015disposed of

Thushara O.T. v. The District Collector, Malappuram

2015-09-02Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 WP(C).No. 24140 of 2015 (N) ---------------------------- PETITIONER:

------------------- THUSHARA O.T. , AGED 33 YEARS, W/O.MANOJ, NEAR ANGADIPURAM RAILWAY GATE, ANGADIPURAM P.O, PERINTHALMANNA, MALAPPURAM DISTRICT-679 321.

BY ADVS.SRI.B.JAYASURYA SRI.C.M.KAMMAPPU RESPONDENT(S):

--------------------------

1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT - 679 001.

2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT - 679 321. *3. THE CONVENOR AND AGRICULTURAL OFFICER, THE DISTRICT LEVEL MONITORING COMMITTEE, ANGADIPURAM P.O, MALAPPURAM DISTRICT - 679 321.(CORRECTED)

4. THE VILLAGE OFFICER, ANGADIPURAM VILLAGE, MALAPPURAM DISTRICT - 679 321. * THE ADDRESS OF R3 IS CORRECTED AS "THE LOCAL LEVEL MONITORING COMMITTEE" INSTEAD OF "DISTRICT LEVEL MONITORING COMMITTEE" AS PER JUDGMENT DATED 02-09-2015. BY SPECIAL GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 24140 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1.

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.11.14 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2.

TRUE COPY OF THE APPLICATION DATED 17.11.14 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P3.

TRUE COPY OF THE APPLICATION DATED 29.6.15 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4.

TRUE COPY OF THE JUDGMENT DATED 12.11.14 IN WPC 29346/14 OF THIS HONOURABLE COURT.

EXHIBIT P5.

TRUE COPY OF THE ORDER DATED 27.12.14 OF THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.24140 of 2015 ---------------------------------- Dated this the 2nd day of September, 2015.

J U D G M E N T

I.A.No.12272/15 Heard. Allowed. The Registry is directed to carry out the correction in the cause title.

The petitioner has approached the 3rd respondent in terms of Act 28 of 2008 to reclaim 10 cents of land to construct a residential building.

2. In view of the application filed under the Act, there shall be a direction to the 3rd respondent to take appropriate decision. The learned Special Government Pleader submits that the petitioner has only filed an application and no supporting documents have been furnished. If that be so, the petitioner shall make available all the documents required by the 3rd respondent before the Authority. Thereafter, based on those documents, necessary decision shall be taken within a period of one month of

W.P.(C)No.24140 of 2015 receipt of copy of this judgment and shall forward the same to the District Authorising Committee without any delay, in case it is recommended.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge