IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 32875 of 2009(D) ---------------------------------------- PETITIONER(S): ---------------------- ABDULLA, AGED 43 YEARS S/O.MUHAMMED HAJI, POOVALLUR HOUSE MELMURI AMSOM DESOM, ERANADU. BY ADV. MR.A.T.ANILKUMAR, SMT.V.SHYLAJA. RESPONDENT(S): ------------------------- 1. THE REVENUE DIVISIONAL OFFICER PERUNTHALMANNA, MALAPPURAM. 2. THE VILLAGE OFFICER POOKKUTTOOR VILLAGE, MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32875/2009-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DOCUMENT BEARING NO.394/2008 OF MONGAM S.R.O. EXT.P2: COPY OF THE POSESSION CERTIFGICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 21/08/2009. EXT.P3: COPY OF THE BASIC TAX REGISTER MAINTAINED IN VILLAGE OFFICE. EXT.P4: COPY OF THE APPLICATION SUBMITTED TO THE 1ST RESPONDENT THROUGH SAID ANIL BABU DATED 29/09/2009. EXT.P5: COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 14/10/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32875/2009-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of March, 2010 J U D G M E N T Aggrieved by the delay in disposal of Ext.P4 application to remove red earth from the property lying in Survey No.238/1 in Block No.55 of Pookkottur Village and to dump the same into the property of the petitioner in Survey No.356/12 this writ petition is filed. 2. The petitioner is the owner of 61 cents of property in the said Survey number, namely, 356/12. It was purchased by him as per Ext.P1 sale deed. He proposes to construct a residential building in the said property as he has no other property also. Ext.P2 is the copy of the Possession Certificate. Ext.P4 is the application submitted by the petitioner for permission to take soil from the property of one Anil Babu in Survey No.238/1 of the same village, to fill his property. Ext.P5 is the report submitted by the Village Officer on the application. It shows that as per the BTR the property is purayidom. 3. Learned Government Pleader on instructions submitted that the property in Survey No.356/12 is a paddy land and, therefore, no action has been taken in the matter. According to the petitioner, it is a purayidom but lying in a lower level. W.P.(C). No.32875/2009 -:2:- 4. The Revenue Divisional Officer has not passed any orders in the matter so far. After considering the various aspects, orders will be passed after hearing the petitioner within a period of one month from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms