IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29401 of 2011(A) -------------------------- PETITIONER(S): --------------- BALAKRISHNAN M,S/O.BAPPIGORALIAN, AGED 54 YEARS,MURINGATHARA, M.L.A ROAD, UDAYAMPEROOR P.O, ERNAKULAM 682 307. BY ADV. SRI.B.V.JOY SANKER RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY THE DIRECTOR OF PANCHAYATHS, DIRECTORATE OF PANCHAYATH,THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR ERNAKULAM DT.682 030. 3. THE REVENUE DIVISIONAL OFICER FORT KOCHI, ERNAKULAM 682 001. 4. AMBALLUR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, AMBALLUR, ERNAKULAM 682 315. 5. VILLAGE OFFICER AMBALLUR (GROUP) AMBALLUR, ERNAKULAM 682 315. GP SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).29401/11 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE STOP MEMO FROM THE 5TH RESPONDENT, DATED 10.08.2005. EXHIBIT P2. TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 11.08.2005. EXHIBIT P3. TRUE COPY OF THE LETTER DATED 25.01.2006 ISSUED BY THE NELLUPADAKA SAMITHI OF AMBALLUR ADDRESSED TO THE 4TH RESPONDENT. EXHIBIT P4. TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT, DATED 9.12.2006. EXHIBIT P5. TRUE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT DATED 23.12.2006. EXHIBIT P6. TRUE COPY OF THE REPRESENTATION BY THE PETITIONER DATED 08.01.2011. EXHIBIT P7. TRUE COPY OF THE CIRCULAR NO. 4545/R.A1/11 DATED 22.01.2011. (True copy ) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).29401/2011 .............................................. Dated this the 4th day of November, 2011 JUDGMENT Petitioner wants to reclaim four cents of land comprised in R.S.No.67/9 of Keecheri Village of Amballur Panchayath. For the purpose of constructing a residential house, he made Ext.P2 application under the provisions of the Kerala Conservation of Paddy Land & Wet Land Act, 2008 (Act 28 of 2008) and Ext.P5 report was obtained by the second respondent from the fifth respondent. Petitioner submits that in the meantime, his application was forwarded by the second respondent to the third respondent for further action. Complaining of delay in passing orders on Ext.P2, petitioner also submitted Ext.P6 before the third respondent. Even thereafter, orders were not passed and that led the petitioner to file this writ petition, relying on Ext.P7 Circular issued by the Government of Kerala, dated 22.1.2011. 2. Though the extent of property involved is only four cents, the order under Act 28 of 2008 is required to be obtained by the petitioner. It was therefore, that he made the application. Now that his application is stated to be pending before the third W.P.(C).29401/11 2 respondent, I direct the third respondent to consider the said application in the light of Ext.P7 Circular and the reports obtained and pass orders thereon, as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs