Abbas vs Revenue Divisional Officer
2021 Latest Caselaw 3941 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      WP(C).No.24912 OF 2020(L)


PETITIONERS:

      1        ABBAS
               AGED 52 YEARS
               S/O. KUNHAPPAKUTTY, KOODATHIL PAZHAMPARMBIL HOUSE,
               CHERUVADI P.O. MUKKAM VIA, KOZHIKODE DISTINCT.

      2        ABDUL HAMEED,
               AGED 46 YEARS
               S/O. MUHAMMED, CHEEKKOD HOUSE, VILAYIL P.O.
               MALAPPURAM DISTRICT.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SRI.P.RAHIM

RESPONDENTS:

      1        REVENUE DIVISIONAL OFFICER
               COLLECTORATE, CIVIL STATION, KOZHIKODE 673 020.

      2        LOCAL LEVEL MONITORING COMMITTEE
               OF KARASSERY GRAMA PANCHAYAT, KARASSERY P.O. MUKKAM
               VIA, KOZHIKODE DISTRICT, REPRESENTED BY ITS CONVENOR,
               THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KARASSERY,
               KARASSERY P.O. MUKKAM VIA, KOZHIKODE DISTRICT 673
               602.

      3        VILLAGE OFFICER,
               KAKKAD VILLAGE, KAKKAD P.O. MUKKAM VIA, KOZHIKODE
               DISTRICT, 673 602.

               BY ADV.SMT.G.RANJITA, GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24912 OF 2020(L)

                                        2




                        W.P.(C) No.24912 of 2020
                  -----------------------------------------------


                                JUDGMENT

Ext.P9 is an application preferred by the petitioners in Form

No.5 of the Kerala Conservation of Paddy Land and Wetland Rules for

removal of the property of the petitioners referred to in the writ

petition from the data bank prepared in terms of the Kerala

conservation of Paddy Land and Wetland Act, 2008. The grievance of

the petitioners in the writ petition concerns the inaction on the part of

the first respondent in taking a decision on Ext.P9 application.

2. Heard the learned counsel for the petitioners as also

the learned Government Pleader.

3. Having regard to the facts and circumstances of the

case and the orders passed by this court in similar and identical writ

petitions, I deem it appropriate to dispose of the writ petition directing

the first respondent to take up and pass appropriate orders on Ext.P9

in accordance with law, if the same is received and pending, after

affording the petitioners 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 WP(C).No.24912 OF 2020(L)

petition by the petitioners. If the application directed to be disposed of

is found defective, the defect shall be intimated to the petitioners by

the first respondent immediately on production of a copy of this

judgment, and the first respondent will be entitled to avail the time

taken by the petitioners to cure the defects in the said application also,

for compliance of the directions contained in the judgment. 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

Mn                                                JUDGE
 WP(C).No.24912 OF 2020(L)





                                APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1                  TRUE PHOTOCOPY OF THE DOCUMENT NO.

3038/2004 DATED 23.7.2004 OD TH SUB REGISTRY, MUKKAM.

EXHIBIT P2 TRUE PHOTOCOPY OF THE DOCUMENT NO.

3040/2004 DATED 24.7.2004 OF THE SUB REGISTRY, MUKKAM.

EXHIBIT P3 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 11.10.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 9.3.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT DATED 26.3.2018 IN WPC NO.

10446/2018.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 17.9.2018 OF THE DIRECTOR KERALA STATE REMOTE SENSING AND ENVIRONMENT CERNTE, FORWARDED TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPROT NO. A 172/2015/KSREC SUBMITTED BY THE KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE PROCEEDING DATED 22.2.2019 OF THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 2.4.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 2.4.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

//TRUE COPY// PA TO JUDGE