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2025 DAILYLAW 8661 (KER)

PREMAN K.D., v. REVENUE DIVISIONAL OFFICER,

WP(C)/36169/2024 · 2025-03-24

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25029 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 36169 OF 2024 PETITIONER: PREMAN K.D., AGED 65 YEARS S/O. DIVAKARAN, KOYIPPILLI HOUSE, ELAMKUNNAPPUZHA, ERNAKULAM, PIN - 682503 BY ADVS. SWARNA THOMAS MITHUN C THOMAS AKSHAY JOSEPH ADHIKARAM IRENE ELZA SOJI RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM, PIN - 682001 2 VILLAGE OFFICER,2025:KER:25029 ELAMKUNAPPUZHA, MALIPURAM P.O., ERNAKULAM, PIN - 682511 3 AGRICULTURAL OFFICER, ELAMKUNAPPUZHA,KRISHI BHAVAN ELAMKUNAPPUZHA, MALIPURAM P.O., ERNAKULAM, PIN - 682511 OTHER PRESENT: Smt.Preetha.K.K, Sr.G.P 2025:KER:25029 2 WP(C) NO. 36169 OF 2024 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25029 3 WP(C) NO. 36169 OF 2024 JUDGMENT The petitioner is aggrieved by the inaction on the part of the respondents in considering the request made by the petitioner seeking permission to strengthen the bund of the field using machineries. Ext.P1 is the application submitted by the petitioner in this regard before the 2nd respondent. Acting upon the same, the 2nd respondent, forwarded the same along with Ext.P3 report, recommending the permission sought for to the 1st respondent herein. Even though, Ext.P3 is dated 01.07.2024, no further action has been taken by the 1st respondent. 2. This writ petition is submitted by the petitioner in such circumstances, seeking the following reliefs: “i) Issue a Writ of Mandamus or any appropriate writ, or order commanding the 1st respondent to consider Exhibit P3 report and pass appropriate order within a period of 10 days in the interest of justice. ii) Issue a Writ of Mandamus or any appropriate writ, or order commanding the respondent No. 2 & 3 to supervise the work of strengthening the bund using machineries with the assistance of an agricultural engineer which shall be nominated by the 3rd respondent in the interest of justice. 2025:KER:25029 4 WP(C) NO. 36169 OF 2024 iii) Exempt from filing the translation of the exhibits in vernacular language. iv) Issue such other Writs, directions or orders as this Hon’ble Court may feel just and necessary in the interest of justice.” 3. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. In view of the fact that, the final decision has to be taken by the 1st respondent, taking note of the recommendations in Ext.P3. Accordingly this writ petition is disposed of directing the 1st respondent to consider the request of the petitioner, which is forwarded as evidenced by Ext.P3 by the 3rd respondent, and appropriate orders thereon shall be passed within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE STB 2025:KER:25029 5 WP(C) NO. 36169 OF 2024 APPENDIX OF WP(C) 36169/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.05.2024 EXHIBIT P2 TRUE COPY APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 28.05.2024 EXHIBIT P3 TRUE COPY OF COMMUNICATION LETTER FORWARDED BY 2ND RESPONDENT DATED ON 01-07-2024 EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 27.02.2024 IN W.P.(C). NO. 3020/2024