Kerala High Court
Sandeep vs State Of Kerala on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 18374 OF 2021
PETITIONER:
SANDEEP
AGED 40 YEARS
S/O. BHARATHAN, KURYAKOTE HOUSE, KAKKASSERY P.O.,
CHAVAKKAD TALUK, THRISSUR,PIN-680 511
BY ADVS.
JITHIN BABU A
CLETUS THOTTAPILLY
ARUN SAMUEL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,M REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 THE DISTRICT COLLECTOR, THRISSUR,
COLLECTORATE, AYYANTHYOLE, 1ST FLOOR, CIVIL LINES RAD,
KALYAN NAGAR, AYYANTHOLE, THRISSUR DISTRICT,PIN-680 003
3 THE REVENUE DIVISIONAL OFFICER, THRISSUR,
CIVIL STATE ANNEXE, AYYANTHOLE, THRISSUR DISTRICT,PIN-680
003
4 THE VILLAGE OFFICER,
BRAHMAKULAM VILLAGE, THRISSUR DISTRICT,PIN-680 104
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, ELLAVILLY, THRISSUR DISTRICT,PIN-680 511
6 LOCAL LEVEL MONITORING COMMITTEE,
(UNDER KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT,
2008) REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, ELLAVILLY, THRISSUR DISTRICT,PIN-680 511
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT. SURYA BINOY.B. -SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18374 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayer:-
"(i) Issue a writ of mandamus or any appropriate writ,
order or direction commanding the 3rd respondent to
positively consider and pass order on Ext.P1 application
within 1 month or such other time, as stipulated by this
Hon'ble Court"
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner
that the petitioner is the owner in possession of 3.84 Ares of
property in Survey No.155/5-1 of Brahmakulam Village, Chavakad
Taluk of Thrissur District. It is submitted that the property is not
included in the Data Bank and that the petitioner had been issued
with a building permit and the construction on the residential
house in the property is nearing completion. In the above view of
the matter, the petitioner seeks directions for an early
consideration of Ext.P1 application.
4. The learned Government Pleader submits that the
WP(C) NO. 18374 OF 2021
reports have to be duly received from the 5 th respondent as well
as the 4th respondent before orders can be passed on Ext.P1.
5. There will, accordingly, be a direction to the 3 rd
respondent to take up, consider and pass orders on Ext.P1
application preferred by the petitioner after verifying the relevant
materials and reports from the KSRSEC. The RDO shall consider
all relevant matters and shall obtain reports from the concerned
Village Officer and Agricultural Officer as well within a period of
three months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
bng/06.09.2021
WP(C) NO. 18374 OF 2021
APPENDIX OF WP(C) 18374/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION DATED
20.07.2021 SUBMITTED BY THE PETITIONER,
UNDER SECTION 27A OF THE ACT
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED
09.08.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED
09.08.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED
09.08.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
