Thushara O.T vs The District Collector
2021 Latest Caselaw 3463 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

   MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                    WP(C).No.31190 OF 2017(W)

PETITIONER:

               THUSHARA O.T.,
               W/O.MANOJ, AGED 33 YEARS, NEAR ANGADIPPURAM
               RAILWAY GATE, ANGADIPPURAM P.O., PERINTHALMANNA,
               MALAPPURAM DISTRICT-679321.

               BY ADV. SRI.U.K.DEVIDAS

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               COLLECTORATE, MALAPPURAM DISTRICT-679001.

      2        THE REVENUE DIVISIONAL OFFICER,
               PERINTHALMANNA, MALAPPURAM DISTRICT-679321.

      3        THE LOCAL LEVEL MONITORING COMMITTEE,
               AGRICULTURE OFFICE, ANGADIPPURAM,
               MALAPPURAM DISTRICT-679321.

      4        THE VILLAGE OFFICER,
               ANGADIPPURAM VILLAGE, MALAPPURAM DISTRICT-679321.

      5        STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY AND THE
               AGRICULTURE PRODUCTION COMMISSIONER, ANNEXURE-II,
               SECRETARIATE, THIRUVANANTHAPURAM-695 001.

      6        THE ANGADIPURAM GRAMA PANCHAYATH
               ANGADIPURAM P.O., MALAPPURAM DISTRICT-679321,
               REPRESENTED BY ITS SECRETARY.

               SMT.G.RANJITA GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.31190 of 2017                     2




                        W.P. (C) No.31190 of 2017
                   -----------------------------------------------


                                JUDGMENT

The subsisting grievance of the petitioner in the writ

petition concerns the delay on the part of the second respondent in

passing orders on Ext.P27 application.

2. Ext.P27 is an application preferred by the petitioner

in Form No.6 of the Kerala Conservation of Paddy Land and

Wetland Rules for permission to utilize a land held by her, which is

an un-notified land in terms of the Kerala Conservation of Paddy

Land and Wetland Act, 2008 (the Act), for other purposes. It is

stated that in the data bank prepared under the Act, the land of

the petitioner is shown as converted prior to the coming into force

of the Act.

3. Heard the learned counsel for the petitioner as

also the learned Government Pleader.

4. Having regard to the facts and circumstances of

the case, I deem it appropriate to dispose of the writ petition

directing the second respondent to take up and pass appropriate

orders on Ext.P27 application in accordance with law, if the same is

received and pending, after affording the petitioner an opportunity

of hearing. Ordered accordingly. This shall be done within three

months from the date of production of a copy of this judgment

along with a copy of the writ petition by the petitioner. It is made

clear that the hearing in terms of this judgment can either be

physical or through video conference.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1- TRUE COPY OF THE CERTIFICATE DATED 27/06/2017 ISSUED BY THE PRINCIPAL P.T.M. HIGHER SECONDARY SCHOOL, THAZHEKODE.

EXHIBIT P2- THE RENT AGREEMENT DATED 08/11/2013 EXECUTED BETWEEN THE FATHER OF THE PETITIONER AND LAND LORD.

EXHIBIT P2(A)- THE RENT AGREEMENT DATED 08/10/2014 EXECUTED BETWEEN THE FATHER OF THE PETITIONER AND LAND LORD.

EXHIBIT P3- TRUE COPY OF THE CERTIFICATE DATED 27/06/2017 ISSUED BY THE SACRED HEART CMI PUBLIC SCHOOL, PERINTHALMANNA IN FAVOUR OF SREELAYA.

EXHIBIT P3(A)- TRUE COPY OF THE CERTIFICATE DATED 27/06/2017 ISSUED BY THE SACRED HEART CMI PUBLIC SCHOOL, PERINTHALMANNA IN FAVOUR OF SREE LAKSHMI.

EXHIBIT P4- TRUE COPY OF THE ASSIGNMENT DEED DATED 30/09/2014.

EXHIBIT P5- TRUE COPY OF THE APPLICATION DATED 17/11/2014.

EXHIBIT P6- TRUE COPY OF THE JUDGMENT DATED 02/09/2015 IN WP(C)NO.24140/2015.

EXHIBIT P7- TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY.

EXHIBIT P8- TRUE COPY OF THE AFFIDAVIT DATED 11/11/2014.

EXHIBIT P9- TRUE COPY OF THE LOCATION MAP.

EXHIBIT P10- TRUE COPY OF THE NO OBJECTION CERTIFICATE OF THE NEIGHBOR

AJITHAKUMARI DATED 15/09/2015.

EXHIBIT P10(A)- TRUE COPY OF THE NO OBJECTION CERTIFICATE OF THE NEIGHBOR NADIYA DATED 15/09/2015.

EXHIBIT P10(B)- TRUE COPY OF THE NO OBJECTION CERTIFICATE OF THE NEIGHBOR JANAKI DATED 15/09/2015.

EXHIBIT P10(C)- TRUE COPY OF THE NO OBJECTION CERTIFICATE OF THE NEIGHBOR SHANAVAS DATED 15/09/2015.

EXHIBIT P11- TRUE COPY OF THE REPORT IN THE VILLAGE OFFICER, ANGADIPPURAM DATED 06.10.2015

EXHIBIT P12- TRUE COPY OF THE REPORT IN THE AGRICULTURAL OFFICER, ANGADIPPURAM.

EXHIBIT P13- TRUE COPY OF THE ORDER DATED 07/01/2016 PASSED BY THE SECOND RESPONDENT.

EXHIBIT P14- TRUE COPY OF THE APPEAL DATED 14/01/2016 WITHOUT ANNEXURES.

EXHIBIT P15- TRUE COPY OF THE JUDGMENT DATED 07/07/2016 IN W.P.(C)NO.22710/2016.

EXHIBIT P16- TRUE COPY OF THE ORDER DATED 07/11/2016 PASSED BY THE FIRST RESPONDENT.

EXHIBIT P17- TRUE COPY OF THE JUDGMENT DATED 12/11/2014 IN W.P.(C)NO.29346/2014.

EXHIBIT P17(A)- TRUE COPY OF THE REPORT DATED 01/08/2014 PREPARED BY THE SIXTH RESPONDENT.

EXHIBIT P18- TRUE COPY OF THE CERTIFICATE DATED 01/11/2014 ISSUED BY THE VILLAGE OFFICER, KULIKKALLUR.

EXHIBIT P18(A)- TRUE COPY OF THE CERTIFICATE DATED

10/11/2014 ISSUED BY THE VILLAGE OFFICER, ELAMKULAM.

EXHIBIT P18(B)- TRUE COPY OF THE CERTIFICATE DATED 14/03/2016 ISSUED BY THE VILLAGE OFFICER, VALAMBUR.

EXHIBIT P19- CERTIFIED COPY OF THE PROCEEDINGS SHEET.

EXHIBIT P20- TRUE COPY OF THE LEGAL OPINION DATED 03/09/2016.

EXHIBIT P21- TRUE COPY OF THE JUDGMENT DATED 20/12/2016 IN W.P.(C)NO.40272/2016.

EXHIBIT P22- TRUE COPY OF THE REVISION PETITION DATED 15/01/2017 WITHOUT ANNEXURES.

EXHIBIT P23- TRUE COPY OF THE ORDER DATED 30/05/2017 ISSUED BY THE FIFTH RESPONDENT.

EXHIBIT P24- TRUE COPY OF THE APPLICATION DATED 08/08/2017 AND ITS ACKNOWLEDGEMENT CARD.

EXHIBIT P25- TRUE COPY OF THE REPRESENTATION DATED 29.10.2018 SUBMITTED BEFORE THE THIRD RESPONDENT.

EXHIBIT P26- TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK

EXHIBIT P27- TRUE COPY OF THE PETITION DATED 10.06.2020 BEFORE THE SECOND RESPONDENT.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1(A) TRUE COPY OF THE PHOTOGRAPH OF THE LAND CAPTURED ON 14.11.2017

EXHIBIT R1(A) TRUE COPY OF THE LETTER DATED 04.05.2016