Lillykutty vs State Of Kerala
2021 Latest Caselaw 6855 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.4986 OF 2021(W)

PETITIONER/S:
            LILLYKUTTY,
            AGED 53 YEARS, W/O. KUNJU NAINAN,
            ANITHA BHAVAN, MAVILA,
            AREEPLACHI.P.O.,
            KOLLAM DISTRICT-691 333

             BY ADV. SRI.K.SIMOD SIVAN

RESPONDENT/S:
      1     STATE OF KERALA
            REP. BY ITS SECRETARY TO THE GOVERNMENT,
            REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001

      2      REVENUE DIVISIONAL OFFICER,
             PUNALUR, KOLLAM DISTRICT-691 305

      3      TAHASILDAR
             TALUK OFFICE, PUNALUR, KOLLAM DISTRICT-695 301

      4      VILLAGE OFFICER,
             ANCHAL VILLAGE, VILLAGE OFFICE,
             ANCHAL-691 306

      5      ANCHAL GRAMA PANCHAYATH,
             REP. BY ITS SECRETARY,
             ANCHAL PANCHAYATH OFFICE,
             ANCHAL-691 306

             R5 BY SHRI.C.J.JOY, SC, ANCHAL GRAMA PANCHAYAT
             BY SHRI.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.4986 of 2021
                                                     2




                                      W.P.(C) No.4986 of 2021
                               -----------------------------------------------


                                            JUDGMENT

Ext.P4 is an application preferred by the petitioner in

Form No.7 of the Kerala Conservation of Paddy Land and Wetland

Rules for permission to utilize a land held by her, which is an un-

notified land in terms of the Kerala Conservation of Paddy Land

and Wetland Act, 2008, 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.P4 application.

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.P4 application in accordance with law, if the same is

received and pending, after affording the petitioner an

opportunity of hearing. Ordered accordingly. 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. W.P.(C) No.4986 of 2021

If the application directed to be disposed of is 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 application 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.4986 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 11.01.2019 IN WP(C) NO.842/2019 ON THE FILE OF THIS HON'BLE COURT

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 31.10.2019 IN CON.CASE (C) NO.1246/2019 OF THIS HON'BLE COURT

EXHIBIT P3 A TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA GAZETTE EXTRAORDINARY VOLUME VIII NO.3022 DATED 09.12.2019

EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P5 THE TRUE COPY OF THE INSPECTION REPORT OF THE 4TH RESPONDENT

EXHIBIT P6 THE TRUE COPY OF APPLICATION NO.414/19 DATED 23.12.2019 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P7 TRUE COPIES OF THE REPORT NO.7/20 OF THE 4TH RESPONDENT DATED 01.02.2020

EXHIBIT P8 THE TRUE COPY OF THE MAHAZAR PREPARED BY THE 4TH RESPONDENT DATED 15.02.2020

EXHIBIT P9 THE TRUE COPY OF THE REPORT OF THE AGRICULTURE OFFICER, ANCHAL DATED 2.3.2020

EXHIBIT P10 A TRUE COPY OF THE LETTER NO.B1125/20(2) DATED 24.06.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P11 THE TRUE COPY OF THE SKETCH PREPARED BY THE SURVEYOR EARMARKED FOR CONSERVATION OF WATER IN SURVEY NUMBER 59/6 OF ANCHAL VILLAGE

EXHIBIT P12 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.10.2020 W.P.(C) No.4986 of 2021

EXHIBIT P13 A TRUE COPY OF THE LETTER NO.B1125/2020(1) DATED 05.11.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P14 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLLAM DATED 08.12.2020

EXHIBIT P15 A TRUE COPY OF THE ORDER NO.A3-6391/10 DATED 28.12.2020 ISSUED BY THE 5TH RESPONDENT