The court directed the statutory authorities to finalize pending land conversion/development applications within four months. The petitioner was ordered to produce the writ petition copy for appropriate action.
Directions to finalise relevant applications within four months and direct petitioner to submit copy of writ petition to authorities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY,THE 31ST DAY OF OCTOBER 2018 / 9TH KARTHIKA, 1940
WP(C).No. 24108 of 2016
PETITIONER/S:
ABDUL HAMEED V., S/O. MAMMU, FOUSIYA MANZIL, MUNDAPPALAM, KONDOTTY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR
RESPONDENT/S:
1 THE KONDOTTY MUNICIPALITY REPRESENTED BY ITS SECRETARY, KONDOTTY P.O., MALAPPURAM DISTRICT-673638.
2 THE VILLAGE OFFICER KONDOTTY VILLAGE, KONDOTTY P.O., MALAPPURAM DISTRICT-673638.
ADDL.R3 THE DISTRICT COLLECTOR, CIVIL STATION, P.O, MALAPPURAM.
ADDL.R4 THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM. ADDL.R5 THE LOCAL LEVEL MONITORING COMMITTEE, KONDOTTY MUNICIPALITY, REP.BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, KONDOTTY , MALAPPURAM. (ADDL.R3 TO R5 ARE IMPLEADED AS PER ORDER DATED 31.10.2018 IN IA.NO.5/2018.)
BY ADVS. SRI.K.A.JALEEL SRI.C.Y.VINOD KUMAR R2 BY GOVERNMENT PLEADER SMT. RAJI T BHASKER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24108 of 2016
2
JUDGMENT
Petitioner is the owner of an extent of 8.60 Ares of property situate in
Survey No.161/10 and 161/12 of Kondotty Village. Even though various
reliefs are sought for in the writ petition, today when the matter is taken up, learned counsel for the petitioner submitted that situation would suffice if a direction is issued to dispose of Exts.P9 and P10 applications pending before the additional 5th respondent and additional 4th respondent,
respectively, which are filed in terms of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, and the provisions of
the Kerala Land Utilisation Order read along with the provisions of Act, 2008.
Government Pleader and learned standing counsel appearing for the first
respondent municipality, there will be a direction to the additional 5th
respondent to finalise the proceedings pertaining to Ext.P9 at the earliest,
WP(C).No. 24108 of 2016
3
and at any rate, within 4 months from the date of receipt of a copy of this
judgment. If the petitioner is producing necessary enabling orders, Ext.P10
shall be considered by the additional 4th respondent, in accordance with law, at the earliest, and at any rate, within 4 months, taking into account the parameters and stipulations contained under Section 27A of Act, 2008. Petitioner is also directed to produce a copy of this writ petition along with
the appendant documents before the statutory authorities for appropriate action.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
WP(C).No. 24108 of 2016
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE ISSUED BY THE VIL |
CERTIFICATE DATED 3-7-2016 LAGE OFFICER, KONDOTTY. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE PROPERTY. |
PHOTOGRAPHS OF THE ABOVE |
| EXHIBIT P3 | TRUE COPY OF THE 2014. |
BUILDING PERMIT DATED 30-10- |
| EXHIBIT P4 | TRUE COPY OF THE | RECEIPT DATED 30-10-2014. |
| EXHIBIT P5 | TRUE COPY OF THE | PERMISSION DATED 6-12-2014. |
| EXHIBIT P6 | TRUE COPY OF THE | PHOTOGRAPHS OF THE BUILDING. |
| EXHIBIT P7 | TRUE COPY OF THE | ORDER DATED 28-04-2016. |
| EXHIBIT P8 | TRUE COPY OF THE BY THE LOCAL SELF |
CIRCULAR DATED 13.8.2018 ISSUED GOVERNMENT DEPARTMENT. |
| EXHIBIT P9 | TRUE COPY OF THE PRODUCED BEFORE T THE PETITIONER. |
APPLICATION DATED 20.7.2018 HE ADDITIONAL 5TH RESPONDENT BY |
| EXHIBIT P10 | TRUE COPY OF THE PETITIONER BEFORE DATED 30.7.2018. |
APPLICATION SUBMITTED BY THE THE REVENUE DIVISIONAL OFFICER |
dlk/1/11/18
2 issues framed by the court
Whether the learned additional 5th respondent should finalize proceedings pertaining to Ex.P9 within four months.
Whether the learned additional 4th respondent should consider Ex.P10 within four months upon production of enabling orders.
3 provisions across 2 enactments
Abdul Hameed v.
The Kondotty Municipality
The Village Officer Kondotty Village
The District Collector
The Revenue Divisional Officer
The Local Level Monitoring Committee
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
