High Court of KeralaWP(C)/37771/2015disposed of

Rajesh v. The Agricultural Field Fofficer

2015-12-14Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37771 of 2015 (V) ---------------------------- PETITIONER:

------------------- RAJESH.K, S/O. SHANKU, AGED 36 YEARS, KARUTHEDATH HOUSE, PAYYANAD P.O., MANJERI, MALAPPURAM - 676 122.

BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S):

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1. THE AGRICULTURAL FIELD FOFFICER, KRISHI BHAVAN, MANJERI, MALAPPURAM- 676 121.

2. THE VILLAGE OFFICER, PAYYANAD VILLAGE, MANJERI, MALAPPURAM - 676 121.

3. THE MANJERI MUNICIPALITY, MANJERI P.O, MALAPPURAM DISTRICT - 676 121, REPRESENTED BY ITS SECRETARY.

4. THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE, MANJERI MUNICIPALITY, MANJERI P.O., MALAPPURAM DISTRICT, PIN - 676 121.

5. THE PRINCIPAL AGRICULTURAL OFFICER, AGRICULTURE OFFICE, MALAPPURAM P.O., MALAPPURAM DISTRICT - 676 505.

R1, R2, R4 & R5 BY GOVERNMENT PLEADER SMT.C.K.SHERIN R3 BY SRI.K.SHIBILI NAHA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37771 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04/09/2015. P2TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY. P3TRUE COPY OF THE LOCATION SKETCH OF THE PETITIONER'S PROPERTY. P4TRUE COPY OF THE COMMUNICATION DATED 25/09/2014. P5TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT. P6TRUE COPY OF THE CONSENT LETTER DATED 16/09/2014 BEFORE THE 5TH RESPONDENT ISSUED BY DINESH AND OTHERS.

P6(A)- TRUE COPY OF THE CONSENT LETTER DATED 16/09/2014 BEFORE THE 5TH RESPONDENT ISSUED BY ABDUL SALAM.

P6(B)- TRUE COPY OF THE CONSENT LETTER DATED 16/09/2014 BEFORE THE 5TH RESPONDENT ISSUED BY MARIYUMMA P.

P6(C)- TRUE COPY OF THE CONSENT LETTER DATED 16/09/2014 BEFORE THE 5TH RESPONDENT ISSUED BY MUHAMMADALI.

P7TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 28/05/2015.

P8TRUE COPY OF THE AFFIDAVIT DATED 20/02/2015. P9TRUE COPY OF THE LETTER NO. KB MPM 1/2015-16. P10TRUE COPY OF THE LETTER DATED 21/07/2015.

RESPONDENT(S)' EXHIBITS:

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

A.Muhamed Mustaque, J.

==================================== W.P.(C)No.37771 of 2015 ==================================== Dated this the 14th day of December, 2015.

JUDGMENT

1. Petitioner approached the 4th respondent for reclamation of his land comprised in Sy.No.402/2 of Payyanad village in Eranad Taluk for constructing a residential building under Act 28 of 2008.

2. It appears that the Local Level Monitoring Committee has forwarded a report. However, as can be seen from Ext.P10, the Principal Agricultural Officer has noted some defects and returned the application along with the annexures for curing the defects.

3. This court is of the view that the 4th respondent, Local Level Monitoring Committee, shall take a decision in the matter, after taking into account the defects noted by the Principal Agricultural Officer and appropriate decision shall be taken, within a period of two months.

Writ petition is disposed of as above.

Muhamed Mustaque, Judge.

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