Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH DAY OF JANUARY 2013 8TH MAGHA 193 WP(C).No. 2515 of 2013 (L) ------------------------------------- PETITIONER: ------------------- ABDUL JALAL, AGED 4 YEARS, S/O.ALAVIKUTTY HAJI, NARIMADAKKAL HOUSE,UMMATHUR ANAKKARA DESOM, ANAKKARA VILLAGE, OTTAPALAM TALUK PALAKKAD BY ADV. SRI.P.M.ZIRAJ RESPONDENT: --------------------- 1. THE LOCAL LEVEL MONITORING COMMITTEE, ANAKKARA GRAMA PANCHAYATH, ANAKKARA, KUMBIDI P.O PALAKKAD DIST, PIN-679553,REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, ANAKKARA, PALAKKAD DISTRICT, PIN-679553 2. THE DISTRICT LEVEL AUTHORIZED COMMITTEE, PALAKKAD DISTRICT,REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER(RDO), OTTAPPALAM, PALAKKAD DISTRICT, PIN-679553 3. THE VILLAGE OFFICER, ANAKKARA VILLAGE, PALAKKAD DIST, PIN-679553 4. THE DISTRICT COLLECTOR, PALAKKAD, PIN-679553 5. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, PALAKKAD DISTRICT,PIN-679553 BY SENIOR GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MJL WP(C).No. 2515 of 2013 (L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF THE PETITIONER DATED 9 8.2012 ISSUED BY THE THIRD RESPONDENT EXT. P2:- TRUE COPY OF THE POSSESSION CERTIFICATE OF PROERTY DATED 14 03.2012 ISSUED BY THE 3RD RESPONDENT EXT.P3:- TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE PETITIONER ISSUED BY THIRD RESPONDENT WITHOUT DATE EXT.P4:- TRUE COPY OF THE PLAN OF THE RESIDENTIAL HOUSE PROPOSED TO BE CONSTRUCTED BY THE PETITIONER. EXT.P5:- TRUE COPY OF THE ORDER OF PERMISSION DATED 2 3.2012 ISSUED BY THE SECRETARY, ANAKKARA GRAMA PANCHAYATH EXT.P6:_ TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER AND HIS WIFE BEFORE THE FIRST RESPONDENT EXT.P7:- TRUE COPY OF THE PHOTOGRAPHS OF THE BASEMENT CONSTRUCTED BY THE PETITIONER. EXT.P8:- TRUE COPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 4 10.2012 EXT.P9:- TRUE COPY OF THE REPRESENTATION DATED 24 11.2012 SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT EXT.P10:- TRUE COPY OF THE APPLICATION DATED 22 06.2012 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT AND RECEIVED BY THE FIRST RESPONDENT BY ENDORSEMENT DATED 27 07.2012 RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P A TO JUDGE MJL P.R. RAMACHANDRA MENON, J.
--------------------------------------- W.P.(C). No. 2515 of 2013 ---------------------------------------- Dated this the 28th day of January, 2013 JUDGMENT The petitioner has approached this Court with the following prayers: "1. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and forward Ext.P10 application submitted by the petitioner to the second respondent with necessary recommendations.
2. Direct the 2nd respondent to grant sanction to the petitioner to construct a residential building in the property of the petitioner by considering Ext.P10 application submitted by the petitioner.
3. Call for the records leading to the issuance of Ext.P8 order passed by the 3rd respondent and quash the same as illegal by issuing a writ of certiorari. W.P.C. No. 2515 of 2013 -2- 4. Direct the 5th respondent to give necessary orders to the 3rd respondent to convert the entry regarding the nature of land of petitioner in the basic tax register and other village records from wet land to dry land by considering Ext.P9 representation." 2. When the matter is taken up for consideration, the learned counsel for the petitioner submits that, the petitioner will be satisfied if a direction is given to the 2nd respondent to consider Ext.P10 wherein the grievance as projected in the writ petition has also been highlighted.
3. Heard the learned Government Pleader as well.
4. Considering the limited nature of the relief sought for, this Court does not find it necessary to deal with the merits of the case. The writ petition is disposed of, directing the 1st respondent to consider Ext.P10 and forward the same with remarks, for consideration to the District Level Committee, i.e., the 2nd respondent forthwith at any rate, within 'one month' from the date of receipt of a copy of this judgment. On receipt of the W.P.C. No. 2515 of 2013 -3- proceedings as above, the 2nd respondent shall pass final orders in the application preferred by the petitioner vide Ext.P10 at the earliest, at any rate, within 'one month' thereafter. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. Kp/-