Citation : 2021 Latest Caselaw 4867 Ker
Judgement Date : 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
WP(C).No.3436 OF 2021(D)
PETITIONER/S:
GIREESH K.K
AGED 45 YEARS
S/O.KUTTAN, KUNJUMAKKANPURAKKAL HOUSE, EDAVILANGU
P.O., KODUNGALLOOR TALUK, THRISSUR DISTRICT 680 671.
BY ADV. SRI.P.K.SAJEEV
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, IRINJALAKKUDA 680 125.
2 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, EDAVILANGU, THRISSUR DISTRICT 680 671.
3 THE VILLAGE OFFICER
VILLAGE OFFICE, EDAVILANGU, THRISSUR DISTRICT 680
671.
OTHER PRESENT:
GP PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3436 OF 2021(D)
2
JUDGMENT
The petitioner has preferred Ext.P2 application before the 1 st
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 1st 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 1st 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 petitioner. It is made clear that the 1 st
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 1 st respondent, for
further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
SJ WP(C).No.3436 OF 2021(D)
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2132/2020 OF KODUNGALLUR S.R.O.
EXHIBIT P2 TRUE COPY OF THE APPLICATION WITH COVERING LETTER DATED 18.1.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT NO.B1/884/2021 DATED 15.1.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER NO.B1/884/2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER NO.B1/884/2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE 3RD RESPONDENT.
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