P.V. Jacob vs State Of Kerala
2022 Latest Caselaw 6502 Ker

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
                 --------------------------------------------
                     W.P.(C.) No. 21376 of 2018
                    --------------------------------------
                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

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

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