Thomas vs The District Collector
2021 Latest Caselaw 4195 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.2876 OF 2021(H)


PETITIONERS:

       1       THOMAS
               AGED 56 YEARS, S/O.KOCHAPPU, VADASSERY,
               POTTA, THRISSUR 680 722

       2       BABY
               AGED 52 YEARS, S/O.ANTONY, VADASSERY, POTTA,
               THRISSUR 680 722

       3       JOSEPH SKARIA
               AGED 72 YEARS, S/O.JOSEPH, PARAKKA HOUSE,
               POTTA, THRISSUR 680 722

               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
               TALUK OFFICE, THIRD FLOOR, MUNICIPAL TOWN
               HALL COMPLEX, MAIN ROAD, CHALAKUDY 680307

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

       5       THE LOCAL LEVEL MONITORING COMMITTEE
               REP. 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.2876/2021              :: 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 W.P.(C).No.2876/2021 :: 3 ::

petitioners. It is made clear that the 2 nd respondent shall ascertain

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 4.8.2020

EXHIBIT P2 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 9.12.2020

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

EXHIBIT P4 TRUE COPY OF THE RECEIPT NO.B6/13398/2020 DATED 9.12.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 9.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 9.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE