IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 27193 of 2009(T) -------------------------- PETITIONER: --------------- BIJU @ BIJUMON, S/O.KUNJUKUNJU, KOTTAKKAKATHU VEEDU, PAZHANGALAM, NALLILA, NEDUMPANA P.O., EZHUKONE VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: --------------- 1. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, KOLLAM. 2. THE TAHSILDAR, TALUK OFFICE, KOTTARAKKARA. 3. THE VILLAGE OFFICER, EZHUKONE VILLAGE, KOTTARAKKARA, KOLLAM. GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27193 of 2009(T) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : Sale Deed No.1583/2009 of Ezhukone Sub Registry of the Petitioner. EXHIBIT P2 : Tax Receipt issued by the 3rd respondent Village Officer, Ezhikone. EXHIBIT P3 : Application dtd. 22/9/2009 filed by the petitioner before the 1st respondent by Registered Post. EXHIBIT P4 : Plan submitted by the petitioner before the Ezhukone Grama Panchayat. EXHIBIT P5 : Consent issued to the petitioner from the neighbouring property owner viz, Sri.Rajendran EXHIBIT P6 : Consent issued to the petitioner from the neighbouring property owner viz Sukumariamma RESPONDENTS' EXHIBITS: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.27193 of 2009 ------------------------------------------------ Dated this the 29th day of January, 2010 JUDGMENT The petitioner is aggrieved by the non-consideration of Ext.P3 application for removing soil from his property for levelling the ground and for construction of the house. It is averred that the petitioner is the owner in possession and enjoyment of 20.24 Ares of property comprised in Sy.No.259/2/1 in Block No.5 of Ezhukone Village in Kollam District. Along with Ext.P3 the petitioner has produced Ext.P4 plan. The petitioner has averred in paragraph 4 that on Exhibit P3 application was forwarded by third respondent for enquiry and report and the petitioner was directed to obtain a consent from the neighbouring property owners which have been produced as Exts.P5 and P6. Even after submission of report and obtaining the consent of the neighbours, no action has been taken in the matter. 2. The learned Government Pleader on instructions submitted that the first respondent is the competent authority and therefore will take a decision on Ext.P3 after considering W.P.(C)No.27193 of 2009 2 the various reports and other materials. 3. There will be a direction to the first respondent to take appropriate decision on Ext.P3 within one month from the date of receipt of a copy of this judgment and communicate the order to the petitioner. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj