Varkey Ummen vs The District Collector
2021 Latest Caselaw 6851 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                   WP(C).No.5022 OF 2021(C)


PETITIONER/S:

            VARKEY UMMEN
            AGED 71 YEARS
            S/O. M.V.UMMEN, CHENGILATHU VEETTIL,
            KOLAMKUDIMUKAL, VAZHAKKALA, ERNAKULAM-682022.

            BY ADV. SHRI.N.KRISHNA RAJA MAULI

RESPONDENT/S:

      1     THE DISTRICT COLLECTOR
            CIVIL STATION, KAKKANAD, ERNAKULAM-682021.

      2     THE REVENUE DIVISIONAL OFFICER,
            K B JACOB ROAD, FORT KOCHI, ERNAKULAM-682001.

      3     THE TAHASILDAR,
            KANAYANNUR TALUK OFFICE, KANAYANNUR, PARK AVE,
            ERNAKULAM-682011.

      4     THE VILLAGE OFFICER,
            THRIKKAKKARA NORTH VILLAGE OFFICE, THRIKKAKKARA,
            ERNAKULAM-682030.

      5     THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, KALAMASSERY, VADACODE P.O.,
            ERNAKULAM-682021.

            BY SRI.RAVI KRISHNAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.5022 of 2021
                                                     2




                                      W.P.(C) No.5022 of 2021
                               -----------------------------------------------


                                            JUDGMENT

Exts.P5 and P5(A) are applications preferred by the

petitioner in Form No.5 of the Kerala Conservation of Paddy Land and

Wetland Rules (the Rules) for correction of the entry in relation to a

property held by him in the data bank prepared in terms of the Kerala

Conservation of Paddy Land and Wetland Act, 2008 (the Act). Exts.P3

and P3(A) are other applications preferred by the petitioner in Form No.6

of the Rules for permission to utilize the said land which is an un-notified

land in terms of the Act, for other purposes. The grievance of the

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

second respondent in taking a decision on Exts.P5, P5(A), P3 and P3(A)

applications.

2. Heard the learned counsel for the petitioner as also

the learned Government Pleader.

3. Having regard to the facts and circumstances of the

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

second respondent to take up and pass appropriate orders on Exts.P5

and P5(A) in accordance with law, if the same are received and pending,

after affording the petitioner an opportunity of hearing. Ordered

accordingly. Needless to say that if Exts.P5 and P5(A) applications are W.P.(C) No.5022 of 2021

allowed, orders shall be passed by the second respondent

simultaneously on Exts.P3 and P3(A) applications as well. 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 petition by the petitioner. If the

applications directed to be disposed of are found defective, the defect

shall be intimated to the petitioner by the second respondent

immediately on production of a copy of this judgment, and the second

respondent will be entitled to avail the time taken by the petitioner to

cure the defects in the applications also, for compliance of the directions

contained in this 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, JUDGE rkj W.P.(C) No.5022 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 9.11.2020.

EXHIBIT P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK.

EXHIBIT P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 18.12.2020 WITH REGARD TO THE PROPERTY 2.30 ARES IN SY.NO.694/2.

EXHIBIT P3(A) TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 18.12.2020 WITH REGARD TO THE PROPERTY . 53 SQUARE METRES IN SY.NO.694/7-2.

EXHIBIT P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 18.11.2020 WITH REGARD TO THE PROPERTY 2.30 ARES IN SY.NO.694/2.

EXHIBIT P4(A) TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 19.11.2020 WITH REGARD TO THE PROPERTY . 53 SQUARE METRES IN SY.NO.694/7-2.

EXHIBIT P5 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 7.1.2021 WITH REGARD TO THE PROPERTY 2.30 ARES IN SY.NO.694/2.

EXHIBIT P5(A) TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 7.1.2021 WITH REGARD TO THE PROPERTY .53 SQUARE METERS IN SY.NO.694/7-2.