Thottimukathu Alavi vs State Of Kerala
2021 Latest Caselaw 4202 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

                         WP(C).No.58 OF 2021(F)


PETITIONER/S:

                THOTTIMUKATHU ALAVI
                AGED 50 YEARS
                S/O.MUHAMMED HAJI, THOTTIMUKATHU HOUSE, MOONNIYUR,
                MALAPPURAM DISTRICT PIN 676 313

                BY ADVS.
                SRI.V.VISAL AJAYAN
                SRI.SUBEER K.

RESPONDENT/S:

      1         STATE OF KERALA
                REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
                AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM 695 001

      2         REVENUE DIVISIONAL OFFICER
                TIRUR, MALAPPURAM DISTRICT, PIN 676 101

      3         LOCAL LEVEL MONITORING COMMITTEE
                REP.BY ITS CONVENER, AGRICULTURAL OFFICER, MOONNIYUR,
                MALAPPURAM DISTRICT. PIN 676 313

      4         AGRICULTURAL OFFICER
                KRISHI BHAVAN, VELIMUKKU, TIRURANGADI, MOONNIUR,
                MALAPPURAM DISTRICT 676 313


OTHER PRESENT:

                GP: SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.58 OF 2021(F)                    2




                                       JUDGMENT

The petitioner has preferred Ext.P3 application before the 2 nd

respondent in Form-7 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 the same, expeditiously,

after hearing the petitioner.

2.I have heard the learned counsel appearing for the petitioner 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.P3 application within

an outer time limit of six weeks from the date of receipt of a copy of this

judgment, after hearing the petitioner. It is made clear that the 2 nd

respondent shall ascertain whether the land in question is unnotified land

for the purposes of the Act. The petitioner 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

SJ

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PAGE OF DATA BANK REGISTER FROM THE 4TH RESPONDENT DATED 24.11.2020

EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE VILLAGE OFFICER MONNIYUR TO THE 2ND RESPONDENT DATED 16.12.2020

EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL AUTHORITY TIRUR, MALAPPURAM DISTRICT DATED 16.12.2020