Kerala High Court
Vinod Kumar.B vs State Of Kerala on 26 February, 2021
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.4955 OF 2021(T)
PETITIONER/S:
VINOD KUMAR.B,
AGED 45 YEARS,
S/O. BALAKRISHNAN,
MELATHIL VEEDU,
CHARUVILLA, THEPPUPARA P.O.,
PATHANAMTHITTA DISTRICT,
PIN-691 554.
BY ADVS.
SMT.M.R.JAYALATHA
SMT.K.VINAYA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
PALAKKAD DISTRICT - 678 001.
3 THE TAHSILDAR,
ALATHUR TALUK,
KAVASSERY P.O.,
PALAKKAD DISTRICT - 678 541.
W.P.(C) No.4955 of 2021
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4 THE VILLAGE OFFICER,
KAVASSERY VILLAGE OFFICE,
PADOOR P.O.,
PALAKKAD DISTRICT - 678 543.
5 AGRICULTURAL OFFICER,
KRISHI BHAVAN,
KAVASSERY VILLAGE OFFICE,
PADOOR P.O.,
PALAKKAD DISTRICT - 678 543.
BY SRI.PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.4955 of 2021
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JUDGMENT
Ext.P2 is an application 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). Ext.P4 is another application
preferred by the petitioner in Form No.7 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 Ext.P2 and Ext.P4 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 Ext.P2 in
accordance with law, if the same is received and pending, after
affording the petitioner an opportunity of hearing. Ordered accordingly.
Needless to say that if Ext.P2 application is allowed, orders shall be
W.P.(C) No.4955 of 2021
passed by the second respondent simultaneously on Ext.P4 application
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
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W.P.(C) No.4955 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE BASIC TAX RECEIPT NO.
KL09010701065/2019 DATED 22.6.2019.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION IN FORM 5
DATED 2.12.2020 SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P2 (a) A TRUE COPY OF THE TREASURY CHALLAN
RECEIPT DATED 2.12.2020 TO THE
PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE SATELLITE REPORT OF
THE LAND.
EXHIBIT P4 A TRUE COPY OF THE FORM 7 DATED
1.12.2020 APPLICATION FILED BY THE
PETITIONER TO THE 2ND RESPONDENT.
