Vahid C.J vs The District Collector, ...
2022 Latest Caselaw 10163 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                       WP(C) NO. 29324 OF 2022


PETITIONER:

          VAHID C.J.
          AGED 42 YEARS, S/O. LATE C.M. JAMAL,
          CHENTHARA HOUSE, RAYONPURAM P.O.,
          PERUMBAVOOR VILLAGE, KUNNATHUNAD TALUK,
          ERNAKULAM - 683 543.

          BY ADV GIKKU JACOB



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          ERNAKULAM, CIVIL STATION,
          KAKKANAD P.O., ERNAKULAM - 682 030.

    2     TAHASILDAR (LR),
          KUNNATHUNAD TALUK OFFICE,
          PERUMBAVOOR, ERNAKULAM - 683 542.

    3     VILLAGE OFFICER,
          PERUMBAVOOR VILLAGE OFFICE,
          PERUMBAVOOR P.O., ERNAKULAM - 683 542.

    4     SECRETARY,
          PERUMBAVOOR MUNICIPALITY,
          PERUMBAVOOR, ERNAKULAM - 683 542.

    5     PERUMBAVOOR MUNICIPALITY,
          REPRESENTED BY ITS SECRETARY,
          PERUMBAVOOR, ERNAKULAM - 683 542.

    6     LAND ASSIGNMENT COMMITTEE,
          REPRESENTED BY ITS CONVENER,
          RDO, PERUMBAVOOR MUNICIPALITY,
          PERUMBAVOOR, ERNAKULAM-683 542.
 WP(C) NO. 29324 OF 2022
                                      2




     7       STATE OF KERALA,
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             REVENUE DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

             SRI.BIMAL K.NATH, SR.GOVT.PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.09.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 29324 OF 2022
                                  3



                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No.29324 of 2022
              --------------------------------------------
            Dated this the 15th day of September, 2022

                            JUDGMENT

Admit. Government Pleader takes notice for the respondents 1

to 3, 6 & 7. Standing counsel takes notice for respondents 4 & 5.

2. The prayer in the writ petition is for a direction to the 1 st

respondent to pass orders on Ext.P7 application submitted for lease

of land. Ext.P7 is seen dated 31.01.2022 and it is seen to have been

received as per Ext.P7(a) receipt on the same day.

In view of the limited prayer made, this writ petition is

disposed of directing the 1st respondent to consider and pass orders

on Ext.P7, if the same is still pending, after hearing the petitioner

and any other necessary parties at the earliest, at any rate, within

three months from the date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 29324 OF 2022

APPENDIX OF WP(C) 29324/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 5.10.2019 WITH RESPECT TO BUILDING NUMBER 1207 OF WARD XXI OF PERUMBAVOOR MUNICIPALITY (OLD NO.1043 (1) OF WARD XVII).

Exhibit P1(A) TRUE COPY OF THE BUILDING TAX RECEIPT DATED 5.10.2019 WITH RESPECT TO BUILDING NUMBER 1208 OF WARD XXI OF PERUMBAVOOR MUNICIPALITY (OLD NO. 1043 OF WARD XVII).

Exhibit P2 TRUE COPY OF THE D&O LICENCE ISSUED BY 4TH RESPONDENT SECRETARY, PERUMBAVOOR MUNICIPALITY ON REMITTING FEE FOR LICENSE RENEWAL DATED 19.8.2016.

Exhibit P2(A) TRUE COPY OF THE RECEIPT DATED 16.2.2019 ISSUED BY PERUMBAVOOR MUNICIPALITY ON REMITTING FEE FOR LICENSE RENEWAL DATED 19.8.2016.

Exhibit P3 TRUE COPY OF THE ROUGH SKETCH SHOWING THE LIE OF THE PROPERTY IN POSSESSION OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE REPORT DATED 21.08.2020 OBTAINED BY PETITIONER FROM THE PERUMBAVOOR MUNICIPALITY UNDER THE RTI ACT.

Exhibit P5 TRUE COPY OF THE REPORT OF 2ND RESPONDENT DATED 11.8.2004.

Exhibit P6 TRUE COPY OF THE REPORT OF 5TH RESPONDENT DATED 18.5.1995.

Exhibit P7 TRUE COPY OF THE APPLICATION DATED WP(C) NO. 29324 OF 2022

31.01.2022 FOR LEASE OF LAND FILED BY PETITIONER BEFORE THE 1ST RESPONDENT ASSIGNING AUTHORITY IN FORM 5.

Exhibit P7(A) TRUE COPY OF THE ACKNOWLEDGEMENT DATED 31.01.2022 FOR EXHIBIT-P7 ISSUED FROM COLLECTORATE, ERNAKULAM.