IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 10411 of 2011(B) -------------------------- PETITIONER: --------------- K.J.ABRAHAM, S/O.AVUSAPE, AGED 79 YEAS, KOONTHAMATTATHIL HOUSE, MONIPPALLY VILLAGE, MONIPPALLY P.O., KOTTAYAM DISTRICT. BY ADV. SRI.JACOB E SIMON RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR KOTTAYAM/ DISTRICT MAGISTRATE KOTTAYAM. 2. THE ADDITIONAL DISTRICT MAGISTRATE (ADM) KOTTAYAM. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 10411 OF 2011 ......................................................................... Dated this the 31st March, 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: “ 1. Call for the records leading to Exhibit P4 and set aside the same by issuing a writ of certiorari or any other appropriate writ direction or order. 2. To direct the second respondent to allow Exhibit P2 application, issue NOC applied by the petitioner herein as prayed in Exhibit P2, expeditiously and in any event within a period of two weeks by issuing a writ of mandamus or any other appropriate writ direction or order. 3. Alternatively, direct the second respondent to reconsider Exhibit P2 Application on the basis of Exhibit P3 report and the judgments referred herein this writ petition and pass reasoned order as expeditiously as possible and in any event within a period of two weeks, by issuing a writ of mandamus or any other appropriate writ direction or order. 4. To grant such other relief as this Hon'ble court may deem fit to grant. “ 2. The learned Counsel for the petitioner submits that the crucial question to be considered in this writ petition is whether the property of the petitioner is a 'dry land' or 'paddy land'. The case of the petitioner is that it is a 'pucca dry land' and the W.P.(C)No. 10411 of 2011 2 position has been sought to be substantiated by filing Ext. P2 before the first respondent. Reliance is also sought to be placed on Ext. P3 report of the Tahsildar, Meenachil. The prayer is to direct the first respondent to consider Ext.P2 within a reasonable time. 2. Heard the learned Government Pleader as well. 3. In the above circumstance, the first respondent is directed to consider and pass appropriate orders on Ext.P2 in the light of Ext.P3 report and such other relevant materials, of course, in accordance with law and also giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk