Court emphasizes timely processing of applications related to construction on agricultural land while maintaining status quo.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" 1. issue a writ of Certiorari or any other appropriate writ, order or direction quashing Exhibit P5 and P9 order issued by the 6^th Respondent;

2. issue a writ of Mandamus directing the 5^th Respondent to consider and dispose of Exhibit.P3 Form 5 application within a time frame to be fixed by this Hon’ble Court;

3. issue a writ of Mandamus directing the 1st Respondent Panchayat to consider Exhibit.P4 application for temporary building permit and number, subject to the outcome of Exhibit P3.

4. declare that erection of a temporary removable structure using poles in a long- standing fallow land does not amount to conversion under the Kerala Conservation of Paddy Land and Wetland Act , 2008;

5. grant such other reliefs as this Hon’ble Court may deem fit and proper in the interest of justice.

6. issue a direction to dispense with filing of the translation of the vernacular documents produced along with this writ petition."

[SIC]

2. When this Writ Petition came up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to consider Ext.P3 Form – 5 application within a time frame.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. The counsel for the petitioner submitted that, till final orders are passed in Form - 5 application, the coercive steps based on Ext.P9 may be kept in abeyance.

5 . After hearing both sides, I think there can be a direction to consider Ext.P3 application within a time frame.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 3^rd respondent is directed to submit the necessary report based on the Ext.P3 application to the 5^th respondent/Authorised O expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

2. The 5^th respondent/Authorised O to consider Ext.P3 application (if it is pending and if it is in order) based on the report received from the 3^rd respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the report.

3. The petitioner will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before the 3^rd and 5^th respondents for compliance.

4. Till final orders are passed as directed above, coercive steps based on Ext.P9 shall be kept in abeyance. But, I make it clear that, the petitioner shall maintain status quo as far as the property is concnerned, till Form -5 is considered.

Sd/-