IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY,THE10H DAY OF JANUARY201420TH POUSHA, 1935 WP(C).No. 56 of 2014 (F) ----------------------------------- PETITIONER: ------------------- PADMAVATHY, W/O.LATE DAMODARAN, AGED64YEARS, CHEERAMVELIL HOUSE, IKKA NAGAR, MUNNAR KARA, K.D.H VILLAGE, PIN-685 612. BY ADVS.SRI.MATHEW SKARIA, SRI.K.J.JOSEMON, SRI.JOY JOSEPH (MUNDACKAL), SRI.TOMY PAUL MAMPILLY. RESPONDENTS: ------------------------ 1. THE SPECIAL TAHSILDAR, THE SPECIAL REVENUE OFFICE, MUNNAR, IDUKKI DISTRICT, PIN-685 612.
2. THE TAHSILDAR, DEVIKULAM, PIN-685 613.
3. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, PIN-685 613.
4. THE DISTRICT COLLECTOR, IDUKKI, PIN-685 613.
5. MUNNAR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MUNNAR, PIN-685 612. R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. K.C. VINCENT, R5 BY SRI.JOICE GEORGE,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1001-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.56/2014-F: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF PATTA NO. 14184 DATED242-1994 IN L.A. NO. 9/94 ISSUED TO DAMODARAN, S/O. MADHAVAN, BY THE SPECIAL TAHSILDAR (LA) DEVIKULAM. P2: PHOTOCOPY OF LEGAL HEIRSHIP CERTIFICATE NO. G3-9482/2005/K.DIS DATED54-2006 ISSUED BY THE2D RESPONDENT TAHSILDAR, DEVIKULAM. P3: PHOTOCOPY OF BASIC RECEIPT NO. 4688201 DATED136-2013 ISSUED FROM K.D.H VILLAGE TO THE PETITIONER. P4: PHOTOCOPY OF POSSESSION CERTIFICATE NO. 10640/12 DATED197-2012 ISSUED BY THE DEPUTY TAHSILDAR, K.D.H VILLAGE TO THE PETITIONER AND CHILDREN. P5: PHOTO COPY OF SITE PLAN DATED137-2012 ISSUED BY THE DEPUTY TAHSILDAR K.D.H VILLAGE. P6: PHOTOCOPY OF PROPERTY TAX RECEIPT NO. 99 DATED83-2011 ISSUED FROM5H RESPONDENT, MUNNAR GRAMA PANCHAYAT IN RESPECT OF BUILDING NOS. 1995 TO1998IN THE NAME OF LATE DAMODARAN. P7: PHOTOCOPY OF LICENCE NO. 11312006000447 DATED1010-2012 ISSUED FROM FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA TO RAJESH SON OF THE PETITIONER. P8: PHOTOCOPY OF APPLICATION DATED267-2013 SUBMITTED BY THE PETITIONER BEFORE THE5H RESPONDENT, GRAMA PANCHAYAT. P9: PHOTOCOPY OF THE PERMISSION NO. A2-4356/2013 DATED277-2013 ISSUED TO THE PETITIONER BY THE SECRETARY OF THE5H RESPONDENT GRAMA PANCHAYATH. P10: PHOTOCOPY OF STOP MEMO NO. A-107/13 DATED1612-13 ISSUED TO THE PETITIONER BY THE1T RESPONDENT, SPECIAL TAHSILDAR, SPECIAL REVENUE OFFICE, MUNNAR. P11: PHOTOCOPY OF THE APPLICATION FOR NO OBJECTION CERTIFICATE DATED3010-2012 SUBMITTED BY THE PETITIONER BEFORE THE SUB COLLECTOR, DEVIKULAM. P12: PHOTOCOPY OF THE REPORT NO. B2-3939/12 DATED2811-12 SUBMITTED BY THE3D RESPONDENT REVENUE DIVISIONAL OFFICER, DEVIKULAM, BEFORE THE4H RESPONDENT, DISTRICT COLLECTOR, IDUKKI. P13: PHOTOCOPY OF COMMUNICATION NO. C4-50392/12 DATED1712-12 ISSUED BY THE4H RESPONDENT,DISTRICT COLLECTOR TO THE3D RESPONDENT, REVENUE DIVISIONAL OFFICER. P14: PHOTOCOPY OF REPLY NO. B2-3939/12 DATED1812-13 GIVEN BY THE3D RESPONDENT, REVENUE DIVISIONAL OFFICER, TO THE4H RESPONDENT. DISTRICT COLLECTOR. Prv. W.P.(C).NO.56/2014-F: P15: PHOTOCOPY OF THE COMMUNICATION NO. C4-50392/12 DATED222-13 ISSUED BY THE4H RESPONDENT, DISTRICT COLLECTOR TO THE3D RESPONDENT REVENUE DIVISIONAL OFFICER. P16: PHOTOCOPY OF REPLY NO. B2-3939/12 DATED216-2013 GIVEN BY THE3D RESPONDENT, REVENUE DIVISIONAL OFFICER,TO THE4H RESPONDENT, DISTRICT COLLECTOR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No. 56 OF2014......................................................................... Dated this the 10th January, 2014
JUDGMENT
The petitioner has approached this Court with the following prayers: "i) Call for the records leading to Exhibit P10 stop memo No.A-107/13 dated 16.12.2013 issued to the petitioner by the 1st respondent, Special Tahsildar, Special Revenue Office, Munnar and to issue a writ of certiorari and/or other appropriate writ, direction or order quashing Exhibit P10 stop memo of the 1st respondent. ii) issue a writ of mandamus and/or other appropriate writ, direction or order directing the 4th respondent District Collector, Idukki to issue No Objection Certificate to the petitioner for completing the construction works being done in pursuance of Exhibit P9 permission No.A2-4356/2013 dated 27.07.2013 granted by the 5th respondent Munnar Grama Panchayat iii) issue a writ of mandamus and/or other appropriate writ, direction or order commanding the 4th respondent, District Collector, Idukki to pass orders in Exhibit P11 application of the petitioner considering Exhibits P12, P14 and P16 communications of W.P.(C)No. 56 OF20142 the 3rd respondent, Revenue Divisional Officer, Devikulam at the earliest without further delay. iv) issue a writ of mandamus and/or other appropriate writ, direction or order staying the operation of Exhibit P10 stop memo No.A-107/13 dated 16.12.2013 issued to the petitioner by the 1st respondent ,Special Tahsildar, Special Revenue Office, Munnar. v) issue such other appropriate writs, directions or orders which are deemed fit and proper in the interest of justice.
2. Being aggrieved of Ext.P10 stop memo issued by the 1st respondent/Spl. Tahsildar, the petitioner has filed Ext.P11 application before the 4th respondent/District Collector for No Objection Certificate. The grievance of the petitioner is in respect of the callous inaction on the part of the 4th respondent/District Collector in considering and finalising Ext.P11, though the third respondent/RDO has already reported genuineness of the claim of the petitioner. The limited prayer pressed before this Court is for issuance of a direction to the 4th respondent/District Collector to consider and finalise Ext.P11 in the light of Exts.P12 and Ext.P14 to P16 communications issued by the third respondent/RDO. W.P.(C)No. 56 OF20143 3. Heard the learned Government Pleader as well.
4. Considering the limited nature of relief pressed before this Court this Court does not find it necessary to adjudicate the issue on merits. Accordingly, the 4th respondent/District Collector is directed to consider and finalise Ext.P11 and pass appropriate orders, in accordance with law, after giving an opportunity of hearing to the petitioner and the 5th respondent/Grama Panchayat, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 4th respondent/District Collector for further steps. The writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE lk