Authorities must provide fair hearings and determine matters fairly in administrative proceedings affecting individual rights.

J U D G M E N T

The case set up in this Writ Petition (Civil) is as follows:

The petitioner is doing agricultural activities in Amayil Padasekharam, in Alankode Village, The respondents 4 and 5 blocked the way and free flow of water of the Padasekharam. A mass petition was preferred in this regard before the 1st respondent and a proceeding under Section 133 of Cr.P.C. was initiated against the respondents 4 and 5. The respondents 4 and 5 approached this Court and obtained a direction to the 1st respondent to finalize the proceedings within a time frame. Since the direction, the 1st respondent closed the proceeding under Section 133 of Cr.P.C., without considering its merits. Therefore, the petitioner preferred a representation to rehear the matter and to reconsider the proceedings on its merits. Since there is no positive result on the above representation, the petitioner approached this Court by filing this writ petition.

It is in the light of the above averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers :

(a) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to consider and pass appropriate orders on Ext.P10 representation preferred by the petitioner within a time stipulated by this Hon’ble Court.

And (b) Pass any other appropriate writ, order or direction which this Hon’bleCourt may deem fit to issue and the petitioner may pray from time to time.

2. Heard Sri. C.M. Mohammed Iquabal, learned counsel appearing for the petitioner and Sri. K.J. Manu Raj, the learned Government Pleader appearing for the respondents 1 to 3. In the nature of the order proposed to be passed, notice to contesting respondent nos. 4 and 5 will stand dispensed with.

3. Taking note of the facts and circumstances of the case and without getting into the merits of a controversy in any manner, it is ordered that the 1st respondent will take up the matter raised in Ext.P10 representation dated 06.06.2020, and after affording reasonable opportunity of being heard to the petitioner, as well as the contesting respondents 4 and 5 and may take a considered decision so as to pass orders to dispose of Ext.P10 representation without much delay preferably within a period of six weeks from the date of production of certified copy of this judgment .

4. The petitioner will produce the certified copy of this judgment along with the copies of memorandum of this writ petition (civil) with all the Exhibits to the 1st respondent-Sub Divisional Magistrate, Tirur, for necessary information further action. The Registry shall forward certified copy of this judgment to the contesting respondents 4 and 5 at the cost of the petitioner.

With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE VPK APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT FILED BY MR.ABDUL JALAL BEFORE THE RDO, TIRUR, DATED

17.05.2013.

EXHIBIT P2 THE TRUE COPY OF THE ENDORSEMENT OF THE REVENUE DIVISIONAL OFFICER, TIRUR, DATED

21.05.2013.

EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT COLLECTOR, MALAPPURAM TO THE RDO TIRUR DATED 21.06.20132.

EXHIBIT P4 THE TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED

01/07/2013.

EXHIBIT P5 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT BEFORE THE REVENUE DIVISIONAL OFFICER, TIRUR DATED 03.07.2013.

EXHIBIT P6 THE TRUE COPY OF THE CONDITIONAL ORDER ISSUED BY THE 1ST RESPONDENT DATED

30.06.2014.

EXHIBIT P7 THE TRUE COPY OF THE REPORT OF THE RDO, TIRUR BEFORE THE DISTRICT COLLECTOR, MALAPPURAM DATED 20.07.2013.

EXHIBIT P8 THE TRUE COPY OF THE ORDER IN CRL,MC NO.6766/2016 OF THIS HON'BLE COURT DATED

24.10.2016.

EXHIBIT P9 THE TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 29.03.2017.

EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 06.06.2020.

EXHIBIT P11 THE TRUE COPY OF