The court mandates fair consideration of occupancy certificate applications by administrative authorities respecting legal norms.

JUDGMENT

The above writ petition is filed with the following prayers:

“I. to issue a writ of mandamus or any other appropriate writ, order or direction to the 3rd respondent directing him to expeditiously consider application of the petitioner for Occupancy Certificate in strict adherence to law within such period as this Hon’ble Court deems fit;

II. to issue a writ of mandamus or any other appropriate writ, order or direction to the 3rd respondent directing him to issue an occupancy certificate to the petitioner within such period as this Hon’ble Court deems fit;

III. to dispense with the production of translated transcripts of Exhibits in Malayalam; and IV. to pass such other writ order or direction that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

(SIC)

2. The main prayer in this writ petition is to issue a direction to the 3^rd respondent to consider the application of the petitioner for occupancy certificate, in accordance with law, within a time frame.

3. Heard, the learned counsel appearing for the petitioner, the learned Standing Counsel for the Panchayat and the learned Government Pleader. I also heard the counsel appearing for the Addl. 4^th respondent.

4. The counsel for the petitioner reiterated the contentions raised in this writ petition. According to the counsel appearing for the Additional 4^th respondent, the property is included in the Data Bank, and this fact has been suppressed before this Court. It is further submitted that a connected writ petition is pending before this Court. The counsel for the petitioner submitted that the applicability of Exts. P3 and P4 judgments may also be directed to be considered.

5. I don’t want to make any observation about the same. Now, admittedly an application for occupancy is pending before the 3^rd respondent. If that be the case, there can be a direction to the 3^rd respondent to consider the same, after giving sufficient opportunity of hearing to the petitioner and the Addl. 4^th respondent.

Therefore, this Writ Petition is disposed of with the following directions:

1. The 3^rd respondent is directed to consider the application submitted by the petitioner for occupancy certificate, after giving sufficient opportunity of hearing to the petitioner and the Addl. 4^th respondent.

2. I make it clear that, I have not considered the matter on merit, and all the contentions raised by the petitioner and the Addl. 4^th respondent are left open and they are free to agitate the same before the 3^rd respondent at the appropriate stage.

3. While deciding the matter, the applicability of Exts.P3 and P4 judgments also will be considered by the 3^rd respondent.

Sd/-