Kerala High Court
Basheer vs Mala Gramapanchayath on 16 April, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 12TH DAY OF APRIL 2017/22ND CHAITHRA, 1939
WP(C).No. 759 of 2017 (T)
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PETITIONER(S):
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BASHEER
AGED:53 YEARS, S/O MOIDU HAJI,
BARAYIL HOUSE, PALAKKATTU THAZHAM,
PERUMBAVOOR, ERNAKULAM DISTRICT
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENT(S):
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1. MALA GRAMAPANCHAYATH
MALA, THRISSUR DISTRICT
REPRESENTED BY ITS SECRETARY-680732
2. SUB INSPECTOR OF POLICE
MALA POLICE STATION,
MALA, THRISSUR DISTRICT-680732
3. SENIOR GEOLOGIST
MINING AND GEOLOGY DEPARTMENT,
DISTRICT OFFICE, THRISSUR-680003
R1 BY ADV. SRI.P.K.SAJEEV
BY GOVERNMENT PLEADER SRI.RENIL ANTO
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 759 of 2017 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE SALE DEED NO. 1668/2008 DATED
16/4/2008
P2 TRUE COPY OF BASIC TAX RECEIPT DATED 9/8/2016
P3 PHOTOGRAPHS SHOWING PETITIONER'S PROPERTY LYING
DIFFERENT LEVELS
P3(A) PHOTOGRAPHS SHOWING PETITIONER'S PROPERTY LYING
DIFFERENT LEVELS
P3(B) PHOTOGRAPHS SHOWING PETITIONER'S PROPERTY LYING
DIFFERENT LEVELS
P4 TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT DATED 6/1/2017
P4(A) TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED 6/1/2017
P5 TRUE COPY OF THE SKETCH PREPARED UNDER THE AUTOCAD
SYSTEM
P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE GEOLOGIST ON 28.03.2017
RESPONDENT(S)' EXHIBITS:
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EXT.R1(A):TRUE COPY OF THE REPRESENTATION DATED 06.01.2017 GIVEN BY
THE PETITIONER TO THE 2ND RESPONDENT
//TRUE COPY//
P.A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).No.759 of 2017
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Dated this the 12th day of April, 2017
J U D G M E N T
The petitioner has preferred Ext.P6 application before the 3rd respondent, seeking permission for conducting excavation of ordinary earth for the purposes of leveling his property. The limited prayer of the petitioner in the writ petition is for a direction to the 3rd respondent to consider and pass orders on Ext.P6 application, expeditiously, after hearing him.
2. I have heard the learned counsel appearing for the petitioner, the learned Standing counsel for the 1st respondent and the learned Government Pleader for respondents 2 and 3.
On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 3rd respondent to consider and pass orders in accordance with law on Ext.P6 application preferred by the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of this judgement, together with a copy of the writ petition before the 3rd respondent for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns/12.04.17 -2- ..... No. of ....