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Kerala High Court

Noushad vs Local Level Monitoring Committee on 1 March, 2018

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                PRESENT:

                  THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                 THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939

                                         WP(C).No. 1920 of 2018



PETITIONER(S):

  NOUSHAD
  AGED 34 YEARS, S/O SULAIMAN, RESIDING AT PARAMBIL HOUSE,
  SUKAPURAM PO, VATTOMKULAM, MAPALURAM DISTRICT.


       BY ADV.SRI.K.N.RADHAKRISHNAN(THIRUVALLA)


RESPONDENT(S):

1. LOCAL LEVEL MONITORING COMMITTEE
   VATTAMKULAM, VATTAMKULAM PO, PIN.679578,
   REPRESENTED BY ITS CONVENER.

2. VATTAMKULAM GRAMA PANCHAYAT
   VATTAMKULAM PO, PIN.679578,
   REPRESENTED BY ITS SECRETARY.

ADDL. RESPONDENTS 3 AND 4:

3. DISTRICT LEVEL MONITORING COMMITTEE, MALAPURAM,
   REPRESENTED BY ITS CHAIRMAN.

4. THE AGRICULTURAL OFFICER, VATTAMKULAM, VATTAMKULAM P.O.

         ADDL. RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER ORDER DATED 1.3.2018 IN
         I.A.NO.2924/2018.

   R BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN


   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:




prp/
WP(C).No. 1920 of 2018 (L)




                                       APPENDIX



PETITIONER(S)' EXHIBITS:

EXHIBIT P1  THE COPY OF POSSESSION CERTIFICATE ISSUED FROM THE VATTAMKULAM
VILLAGE DATED 24.10.2017

EXHIBIT P2   THE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 09.11.2017
SUBMITTED BY THE PETITIONER.

EXHIBIT P3      THE COPY OF ORDER DATED 9.1.2018 BY THE SECOND RESPONDENT.

EXHIBIT P4    THE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE
THE FIRST RESPONDENT DATED 23.10.2017

EXHIBIT P5  THE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE
AGRICULTURAL OFFICER CONCERNED DATED 30.1.2018.

EXHIBIT P6   THE COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICER,
VATTAMKULAM.



RESPONDENTS EXHIBITS:           NIL.




                                           //TRUE COPY//



                                           P.S. TO JUDGE




prp/

               A.K.JAYASANKARAN NAMBIAR, J.
                     -------------------------------
                 W.P.(C).NO.1920 OF 2018 (L)
                   -----------------------------------
              Dated this the 1st day of March, 2018

                          JUDGMENT

The petitioner has preferred Ext.P5 application before the 1 st respondent, seeking permission to put up a residential construction in land belonging to him, which is included as a 'paddy land' in the Land Data Bank prepared for the region. The limited prayer is for a direction to the 1st respondent to consider and pass orders on Ext.P5 application submitted by him, expeditiously, after hearing him.

2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders, either recommending or not recommending the case of the petitioner for putting up a house in the paddy land, and forward the recommendations, if any, to the additional 3 rd respondent, within a W.P.(C).No.1920/2018 2 period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 1st respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE prp/1/3/18