IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 11155 of 2011(T) --------------------------------- PETITIONER(S): ------------------- A.C.SEENA,W/O.BABURAJ.A.C, AGED 34 YEARS,ANIYACHALIL HOUSE,PO KOKKALLUR VIA,ADUVASSERY,KOZHIKODE DISTRICT 673 612. BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE ADV. SRI.MILLU DANDAPANI RESPONDENT(S): --------------------- 1. THE HEADMASTER,PANAYI GOVT.L.P.SCHOOL, PANAYI,KOKKALLUR,BALUSSERY 673 612. 2. PARENTS TEACHERS ASSOCIATION(PTA), PANAYI GOVT.L.P.SCHOOL,PANAYI,KOKKALLUR, REP.BY ITS PRESIDENT SRI.C.K.VALSARAJ, CHETTIANGADY HOUSE,KOKKALLUR PO, BALUSSERY(VIA), KOZHIKODE DISTRICT 673 612. 3. THE PRESIDENT,BALUSSERY GRAMA PANCHAYAT(SPECIAL GRADE),BALUSSERY PO, KOZHIKODE DISTRICT,PIN 673 612. 4. BALUSSERY GRAMA PANCHAYAT(SPECIAL GRADE) BALUSSERY PO, KOZHIKODE DISTRICT,PIN 673 612, REP.BY THE SECRETARY. R1 & R2 BY ADV. SRI.R.K.MURALEEDHARAN R3 & 4 BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 11155/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DOCUMENT NO.1576/1997 OF SRO, BALUSSERY. P1(a):COPY OF THE DOCUMENT NO.1577/1997 OF SRO, BALUSSERY. P2: PHOTOGRAPH SHOWING THE IDEA ABOUT THE ALLEGED CONSTRUCTION AND LIE OF THE PETITIONER'S PROPERTY. P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. P4: COPY OF THE REPLY DATED 24/03/2011 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. P5: COPY OF THE REPRESENTATION DATED 08/03/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P5(a):COPY OF THE ACKNOWLEDGEMENT SHOWINGB THE ACCEPTANCE OF EXT.P5 BY THE FIRST RESPONDENT. P6: COPY OF THE REPRESENTATION SUBMITTED BY THEPETITIONER BEFORE THE 4TH RESPONDENT. P6(a):COPY OF THE ACKNOWLEDGEMENT SHOWING THE ACCEPTANCE OF EXT. P6 BY THE 4TH RESPONDENT. P7: COPY OF THE REPLY LAWYER NOTICE DATED 21/03/2011 ISSUED ON BEHALF OF THE FIRST RESPONDENT TO THE LAWYER NOTICE DATED 08/03/2011. P8: COPY OF THE REPRESENTATION DATED 24/03/2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P9: COPY OF APPLICATION DATED 23/04/2001 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S ANNEXURES EXHIBITS: R1(a):COPY OF THE APPLICATION FOR RELINQUISHMENT OF LAND BY THE LAND OWNER DATED 31/07/1989. R1(b):COPY OF THE REGISTERED DOCUMENT DATED 07/01/2005. R1(c):COPY OF THE RELEVANT PAGES OF ORDER NO.C-1122/SSA/2010 DATED 06/07/2010 OF THE DISTRICT PROJECT OFFICER, SSA KOZHIKODE. svs ...............2/-.... ...2... WPC.NO.11155/2011 R1(d):COPY OF THE RELEVANT PAGES OF ORDER NO.C-1122/SSA/2010 DATED 06/07/2010 OF THE DISTRICT PROJECT OFFICER, SSA KOZHIKODE. R1(e):COPY OF RELEVANT PAGES OF THE PROCEEDINGS OF THE DISTRICT PROJECT OFFICER SSA KOZHIKODE. R1(f):COPY OF THE DECISION OF THE 4TH RESPONDENT DATED 07/12/2010. R1(g):COPY OF THE AGREEMENT EXECUTED BETWEEN THE ASSISTANT ENGINEER OF THE 4TH RESPONDENT PANCHAYATH AND THE HEADMASTER DATED 28/02/2011. R1(h):COPY OF THE APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT PANCHAYATH. R1(i):COPY OF THE FIRST AND LAST PAGES OF THE ESTIMATE BY THE ASSISTANT ENGINEER LSGD SECTION BALUSSERY. R1(j):COPY OF THE PLAN BY THE ASSISTANT ENGINEER LSGD SECTION BALUSSERY. /TRUE COPY/ P.A. TO JUDGE. svs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 11155 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 15th June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the President, Balussery Grama Panchayath, the 3rd respondent herein to consider Ext. P8 representation under the Conservation of Paddy Land and Wet Land Act, 2008 (Kerala) and to monitor the implementation of the Provisions of the Act, forthwith; ii. issue a writ of mandamus, or any other appropriate writ, order or direction, directing the Secretary of the Balussery GramaPanchayath, 4th respondent herein to take action under the Kerala Panchayath Raj Act for stopping the continuation of the building started at the instance of the Parents Teachers Association (PTA), Panayi Govt. L.P. School. iii. direct the Parents Teachers Association (PTA), Panayi Govt. L.P. School not to proceed with further construction of the school building which is already commenced just adjacent to the property of the petitioner, till the disposal of Ext. P8 representation. iv. issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case; v. award costs of these proceedings. 2. During the pendency of the writ petition, the petitioner has filed I.A. 8836 of 2011, also producing a copy of the representation W.P. (C) No. 11155 of 2011 : 2 : dated 23.04.2011 preferred before the 3rd respondent. The learned counsel for the petitioner submits that, the petitioner will be satisfied, if a direction is given to the 3rd respondent to consider Ext. P9 and pass appropriate orders, in accordance with law, within a reasonable time. 3. Considering the limited nature of relief now pressed, this Court does not propose to go into the merits of the case. The writ petition is disposed of, directing the 3rd respondent to cause Ext. P9 to be placed before the concerned Local Empowerment Committee forthwith and the said committee shall consider and pass appropriate orders thereon in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of Ext. P9. Petitioner shall produce a copy of this judgment along with a copy of the writ petition and I.A. before the concerned respondent for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge