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:
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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
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.1920 OF 2018 (L)
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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