Citation : 2021 Latest Caselaw 1529 Ker
Judgement Date : 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
WP(C).No.994 OF 2021(Y)
PETITIONER/S:
MOHAMMED M.B.,
AGED 73 YEARS
S/O.BAVAPILLA, MANIYATTUKUDI HOUSE, AYIROORPADAM,
KOTHAMANGALAM.
BY ADVS.
SRI.PEEYUS A.KOTTAM
SHRI. HRITHWIK D. NAMBOOTHIRI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM-695 001.
2 THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA, PIN-686 691.
3 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
PINDIMANA, PIN-686 692.
4 PINDIMANA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, PINDIMANA, PIN-686 692.
R4 BY SHRI. P.V.BABY, SC, PINDIMANA GRAMA PANCHAYAT,
OTHER PRESENT:
SC: BABY P V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.994 OF 2021(Y)
2
JUDGMENT
The petitioner has preferred Ext.P2 application before the 2 nd
respondent in Form -9 under the Rules to the Kerala Conservation of
Paddy Land and Wet Land Act, 2008 [hereinafter referred to as the
"2008 Act"] for a change in the entry in the BTR pertaining to his
land. 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 with a direction to the 2 nd respondent to consider and pass
orders on Ext.P2 application within six weeks from the date of receipt
of a copy of this judgment, after hearing the petitioner. The
petitioner shall produce a copy of the writ petition together with a
copy of this judgment, before the 2nd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
SJ WP(C).No.994 OF 2021(Y)
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PARTITION DEED BEARING NO.1160/1967 DATED 01.04.1967 OF KOTHAMANGALAM SRO.
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION IN FORM NO.9 OF KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES, 2008 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA.
EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY THE PETITIONER ALONG WITH HIS RELATIVE ASIF.P.E.
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