WP(C) NO. 21376 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 21376 OF 2018
PETITIONER/S:
P.V. JACOB
AGED 70 YEARS
IRUTTUMALAYIL HOUSE(FROM AMBATTU),PERUMBAYIKADU.P.O.,
SANKRATHI,KOTTAYAM-686 016.
BY ADVS.
RESHMI JACOB
MINI ELIZABETH GEORGE
PREEJA. P.VIJAYAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-
695 001.
2 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY CONVENER/THE AGRICULTURAL
OFFICER,MEENADAM VILLAGE, MEENADAM PANCHAYATH,KOTTAYAM
DISTRICT, PIN-686 516
3 THE VILLAGE OFFICER
MEENADAM VILLAGE, MEENADAM PANCHAYATH,KOTTAYAM
DISTRICT, PIN-686 516
4 P.V.CHERIAN SO.VARGHESE
AMBATTU VEEDU, MELEDAM.P.O.,MELEDAM VILLAGE, KOTTAYAM-
686 012.
BY ADV SRI.JOSE PALLATTUKARAN
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21376 OF 2018 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 21376 of 2018
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Dated this the 8th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i) Issue a writ of Mandamus or any other appropriate writ, order or direction, commanding 3rd respondent to consider Ext P1 application and enquire about the unauthorized reclamation of the wet land to dry land.
ii) Issue a writ of Mandamus or any other appropriate writ, order or direction, commanding 2nd respondent to dispose of Ext P2 application forthwith.
And
iii) Issue such other appropriate writ, order or direction as this Hon'ble Court deem fit and proper, in the circumstances of the case." [SIC]
2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is issued to the 2 nd respondent to consider Ext.P2 and pass appropriate orders within a time WP(C) NO. 21376 OF 2018 3 frame.
3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 4th respondent.
4. After hearing both sides, I think there can be a direction to the 2nd respondent to consider Ext.P2 and pass appropriate orders after giving an opportunity of hearing to the petitioner and the 4th respondent.
Therefore, this writ petition is disposed of with the following directions:
1) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P2 as expeditiously as possible, at any rate, within 6 weeks from the date of receipt of a copy of this judgment.
2) Before passing final orders, the 2 nd respondent will give an opportunity of hearing to the petitioner and the 4th respondent.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 21376 OF 2018 4 APPENDIX OF WP(C) 21376/2018 PETITIONER EXHIBITS EXT.P1 COPY OF THE APPLICATION OF THE PETITIONER DATED 12/01/2018 FORWARDED TO THE 3RD RESPONDENT.
EXT.P2 COPY OF THE REGISTERED APPLICATION DATED 12/03/2018 FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH THE ACKNOWLEDGMENT RECEIPT DATED 16/03/18. Exhibit P3 TRUE COPY OF THE APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT DATED 7/4/2022 Exhibit P4 TRUE COPY OF THE REPLY FURNISHED BY THE AGRICULTURAL OFFICER DATED 25/4/2022