Aboobacker vs Nilambur Municipality and Others

S. Siri Jagan, J.—The petitioner challenges Ext.P12 notice issued under the Kerala Conservation of Paddy Land and Wet Land Act 2008. According to the petitioner, the petitioner''s land is a dry land and does not come within the purview of the said Act. The petitioner submits that, in fact, the petitioner has filed Ext.P7 before the District Collector in respect of the same and has applied for building permit for construction of a building in that property, before the Municipality. The petitioner, therefore, seeks the following reliefs:

(i) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the respondent No. 1, Nilambur Municipality, to take up Ext.P9 application for building permit and process the same and pass orders on the same based on the judicial precedents rendered by this Honourable court in the relevant context after giving an opportunity to the petitioner to produce necessary materials and also after conducting site inspection in the interest of justice within a time frame to be stipulated by this Honourable court.

(ii) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the respondent No. 2, to take up Ext.P7 application submitted under Land Utilisation Order and to process the same and pass orders on the same based on the judicial precedents and further the 3rd respondent to keep in abeyance the proceedings under Ext.P12, till order is passed on Ext.P7, within a time limit, after giving an opportunity to the petitioner to produce necessary materials and also after conducting site inspection in the interest of justice within a time frame to be stipulated by this Honourable court.

(iii) To call for the records leading to issuance of Ext.P12 and to set aside the same, in the interest of justice.

I have heard the learned Government Pleader also. On reading Ext.P12, I find that it is only a notice for hearing of the petitioner in respect of certain allegations regarding filling up of certain lands in violation of the said Act and the Kerala Land Utilisation Order. I am of opinion that all the contentions of the petitioner can be taken in the objections to be filed against Ext.P12. It would also be open to the petitioner to produce appropriate evidence in support of the petitioner''s contentions. In the above circumstances, this writ petition is disposed of with the following directions:

The petitioner shall file objections to Ext.P12 within two weeks from today. Thereupon the 3rd respondent shall afford an opportunity of being heard to the petitioner and pass final orders pursuant to Ext.P12 before taking any further action in the matter.