Antony vs The District Collector
2021 Latest Caselaw 4194 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      THURSDAY, THE 04TH DAY OF FEBRUARY 2021/15TH MAGHA,1942

                       W.P(C).No.2890 OF 2021(I)

PETITIONERS:

      1        ANTONY
               AGED 57 YEARS
               S/O.LONAPPAN, VADASSERY, POTTA, THRISSUR-680 722.

      2        LEENA,
               AGED 50 YEARS
               W/O. JOHNSON, KAVUNGAL, PARIYARAM, THRISSUR-680 721

      3        BEGSI,
               AGED 50 YEARS
               W/O. THOMAS, VADASSERY, PARIYARAM, THRISSUR-680 721

               BY ADV. SHRI.N.KRISHNA RAJA MAULI

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
               THRISSUR-680 003.

      2        THE REVENUE DIVISIONAL OFFICER,
               REVENUE DIVISIONAL OFFICE, CIVIL STATION ANNEXE,
               IRINJALAKUDA, 680 125.

      3        THE TAHSILDAR,
               THIRD FLOOR, MUNICIPAL TOWN HALL COMPLEX,
               MAIN ROAD, CHALAKUDY 680 307.

      4        THE VILLAGE OFFICER,
               POTTA VILLAGE OFFICE, POTTA,
               THRISSUR DISTRICT-680 722

      5        THE LOCAL LEVEL MONITORING COMMITTEE,
               REPRESENTED BY AGRICULTURAL OFFICER, KRISHI BHAVAN,
               CHALAKKUDY MUNICIPALITY, CHALAKUDY-680 307

               BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

           THIS WRIT PETITION     (CIVIL) HAVING COME UP        FOR
     ADMISSION ON 04.02.2021,     THE COURT ON THE SAME         DAY
     DELIVERED THE FOLLOWING:
  W.P.(C).No.2890/2021           :: 2 ::




                          JUDGMENT

The petitioners have preferred Ext.P2 application before the

2nd respondent in Form-6 under the Rules framed under the Kerala

Conservation of Paddy Land and Wetland Act, 2008 [hereinafter

referred to as the "2008 Act"]. The limited prayer in the writ

petition is for a direction to the 2nd respondent to consider and pass

orders on Ext.P2 application, expeditiously, after hearing the

petitioners.

2. I have heard the learned counsel appearing for the

petitioners and also the learned Government Pleader appearing for

the respondents.

On a consideration of the facts and circumstances of the case

as also the submissions made across the Bar, I dispose the writ

petition by directing the 2nd respondent to consider and pass orders

on Ext.P2 application within an outer time limit of six weeks from

the date of receipt of a copy of this judgment, after hearing the

petitioners. It is made clear that the 2 nd respondent shall ascertain W.P.(C).No.2890/2021 :: 3 ::

whether the land in question is un-notified land for the purposes of

the 2008 Act. The petitioners shall produce a copy of the writ

petition together with a copy of this judgment, before the 2 nd

respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

prp/5/2/2021 APPENDIX

PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 04.08.2020.

EXHIBIT P2 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 09.12.2020.

EXHIBIT P3 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 23.11.2020.

EXHIBIT P4 TRUE COPY OF THE RECEIPT NO. B6/13396/2020 DATED 09.12.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 09.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 09.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE