Disposed

R.Sivasankara Pillai v. District Collector

Kerala HC28 Jan 2019WP(C)/505/2019

Case brief

AI extract

What is this about?

Single judge court directed the District Collector to finalise pending proceedings regarding the petitioners application for permission to fill a pit within two months, ensuring opportunity of hearing.

What did the court decide?

Directed the 1st respondent to finalise proceedings on the petitioners application submitted in 2015 within two months; petitioner to produce necessary documents within three weeks.

R.Sivasankara Pillai Vs District Collector — Land Acquisition | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY ,THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940

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WP(C).No. 505 of 2019

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PETITIONER/S:

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R.SIVASANKARA PILLAI AGED 62 YEARS S/O. G BHASKARAN PILLAI, RESIDING AT PUTHENVEEDU, INCHAKKAD, MYLOM.P.O., KOTTARAKKARA, KOLLAM DISTRICT691531.

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BY ADVS. SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU

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RESPONDENT/S:

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1 DISTRICT COLLECTOR, KOLLAM-691001.

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2 REVENUE DIVISIONAL OFFICER, KOLLAM-691001.

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3 TAHASILDAR, TALUK OFFICE, KOTTARAKKARA-691506.

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4 MYLOM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MYLOM.P.O., KOTTARAKKARA-691531.

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R1 TO R3 - SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 505 of 2019

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JUDGMENT

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This writ petition is filed by the petitioner

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seeking the following reliefs:-

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i) Issue a writ of certiorari or any other writ to quash Ext.P6, declaring it to be illegal;

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ii) Issue a writ of mandamus or any other appropriate writ or order directing the first respondent to finalize the proceedings on Ext.P5 and accord permission to the petitioner as sought for;

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Petitioner is the owner of an extent of 5.5 ares of property comprised in Re.Survey No.359/11, Block No.13 of Kalayapuram Village, Kottarakkara Taluk, Kollam District. The grievance of the petitioner is that, an application was filed before the 1^st respondent seeking to fill up a pit caused consequent to taking of clay for manufacturing bricks. According to the petitioner, though report

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was secured from the Village Officer concerned, the

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WP(C).No. 505 of 2019

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application is not finalised and the same is pending

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from the year 2015 onwards. In the meanwhile,

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Panchayath has issued Ext.P6 notice to the

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petitioner dated 18.07.2016 directing the petitioner to fill up the pit or take necessary measures so as to avoid any danger since the property in question is filled with water.

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Having heard learned counsel for the

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petitioner and the learned Government Pleader, there will be a direction to the 1^st respondent to finalise the proceedings pertaining to the application submitted by the petitioner evident from Ext.P3 report submitted by the Village Officer dated 26.06.2015 at the earliest possible and at any rate, within two months from the date of receipt of a copy of this judgment, after providing opportunity of

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hearing and participation to the petitioner. Petitioner is also directed to produce the necessary documents enabling the 1^st respondent to attain finality to the application submitted by the

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WP(C).No. 505 of 2019

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petitioner within three weeks from the date of receipt of a copy of this judgment.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 505 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF RESOLUTION DATED 6.6.2015 OF PANCHAYATH.
EXHIBIT P2	TRUE COPY OF LETTER DATED 17.6.2015 ISSUED BY PANCHAYATH.
EXHIBIT P3	TRUE COPY OF REPORT DATED 26.6.2015 OF THE VILLAGE OFFICER.
EXHIBIT P4	TRUE COPY OF LETTER DATED 6.7.2015 ISSUED BY 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P5	TRUE COPY OF FORWARDING LETTER DATED 9.6.2015 OF 2ND RESPONDENT.
EXHIBIT P6	TRUE COPY OF NOTICE DATED 18.7.2016 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7	TRUE COPY OF REPRESENTATION DATED 8.11.2016 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT.
EXHIBIT P8	TRUE COPY OF LETTER DATED 17.12.2018 ISSUED BY AGRICULTURAL OFFICER.

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RESPONDENT'S EXHIBIT NIL

R.Sivasankara Pillai v. District Collector

Case brief

What is this about?

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R.Sivasankara Pillai v. District Collector

Case brief

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