Baburaj M.R vs District Collector
2021 Latest Caselaw 23012 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                       WP(C) NO. 23277 OF 2021
PETITIONER:

          BABURAJ M.R
          AGED 58 YEARS
          S/O LATE M V RAGHAVAN,
          MENOTH PARAMBIL HOUSE, PERINGOTTUKARA, TRISSUR-680565.

          BY ADVS.
          BONNY BENNY
          M.RAMESH CHANDER (SR.)
          BALU TOM



RESPONDENTS:

    1     DISTRICT COLLECTOR,
          WAYANAD PIN-673121.

    2     CHAIRMAN,
          TALUK LAND BOARD, VYTHIRI & SUB COLLECTOR,
          MANANTHAVADY-673576.

    3     KALPETTA MUNICIPALITY
          REPRESENTED BY ITS SECRETARY, KALPETTA, WAYANAD-673121.

    4     VILLAGE OFFICER
          KALPETTA-673121.



          SR GP SMT. AMMINIKKUTTY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23277 OF 2021
                                   2



                             JUDGMENT

The sole request made by the petitioner in

this case is that a direction be issued to the

2nd respondent to consider Ext.P9, within a time

frame to be fixed by this Court, adverting to

his title documents; thus leading to the grant

of the reliefs sought for by him in Ext.P8.

2. The learned Senior Government Pleader

Smt.K.Amminikutty, submitted that if the

petitioner only requires consideration of his

Ext.P8 representation, there does not appear to

be any legal impediment for the 2nd respondent

in doing so; but prayed that this Court may not

make any affirmative declarations in favour of

the petitioner and leave it to the said

respondent to take an appropriate decision

thereon, as per law.

Taking note of the afore submissions and

since the petitioner only requires Ext.P8 to be WP(C) NO. 23277 OF 2021

taken up and disposed of, I order this writ

petition directing the 2nd respondent to do so,

after affording an opportunity of being heard

to the petitioner and adverting to all the

documents that he may produce in substantiation

of his claim; thus culminating in an

appropriate order and necessary action thereon,

as expeditiously as is possible, but not later

than one month from the date of receipt of a

copy of this judgment.

Needless to say, while the afore exercise

is completed, the request of the petitioner,

as made in Ext.P8, will also be taken into

account by the 2nd respondent.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/23/11/2021 WP(C) NO. 23277 OF 2021

APPENDIX OF WP(C) 23277/2021

PETITIONER'S EXHIBITS

Exhibit P1 PHOTOCOPY OF THE REGISTERED ASSIGNMENT DEED DATED 13.09.2011.

Exhibit P2 PHOTOCOPY OF THE CERTIFICATE DATED 24.11.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 PHOTOCOPY OF THE ENCUMBRANCE CERTIFICATE DATED 07.10.2020.

Exhibit P4 PHOTOCOPY OF THE BUILDING PERMIT DATED 27.01.2014.

Exhibit P5 PHOTOCOPY OF THE ORDER DATED 10.01.2017 ISSUED BY THE KALPETTA MUNICIPALITY.

Exhibit P6 PHOTOCOPY OF THE CERTIFICATE DATED 05.08.2021 ISSUED BY THE KALPETTA MUNICIPALITY.

Exhibit P7 PHOTOCOPY OF THE INFORMATION FROM THE OFFICE OF THE TOWN PLANNER, KALPETTA, WAYANAD DATED 16.08.2021.

Exhibit P8 PHOTOCOPY OF THE APPLICATION FILED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 15.04.2021.

Exhibit P9 PHOTOCOPY OF COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 18.06.2021 WITHOUT ENCLOSURES.