Shahanas vs The State Of Kerala
2021 Latest Caselaw 1826 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

           MONDAY, THE 18TH DAY OF JANUARY 2021/28TH POUSHA, 1942

                         W.P(C).No.1306 OF 2021(K)


PETITIONER:

                SHAHANAS
                AGED 34 YEARS
                W/O HAREESH,KOCHUVEETTIL HOUSE, PATTURAKKAL,
                THRISSUR DISTRICT-680 002.

                BY ADV. SRI.BINOY VASUDEVAN

RESPONDENTS:

       1        THE STATE OF KERALA
                REPRESENTED BY ITS PRINCIPAL SECRETARY
                TO THE GOVERNMENT, AGRICULTURE DEPARTMENT,
                GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

       2        THE DISTRICT COLLECTOR,
                COLLECTORATE, CIVIL STATION, AYYANTHOLE P.O.
                THRISSUR-680 003.

       3        THE VILLAGE OFFICER,
                POONKUNNAM VILLAGE, POONKUNNAM, THRISSUR-680 002.

                BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER

          THIS WRIT PETITION        (CIVIL) HAVING COME UP        FOR
     ADMISSION ON 18.01.2021,       THE COURT ON THE SAME         DAY
     DELIVERED THE FOLLOWING:
 W.P.(C).No.1306/2021                  :: 2 ::




                         JUDGMENT

The petitioner has approached this Court aggrieved by the

inaction on the part of the 1 st respondent in considering and

passing orders on Ext.P6 revision petition that he had filed,

challenging Ext.P5 order passed under Section 13 of the Kerala

Conservation of Paddy Land and Wet Land Act, 2008. The

limited prayer of the petitioner in this writ petition is for a

direction to the 1st respondent to consider and pass orders on

Ext.P6 revision petition expeditiously, after hearing him.

2. I have heard the learned counsel for the petitioner and

also the learned Government Pleader for the respondents.

On a consideration of the facts and circumstances of the

case and the submissions made across the Bar, I dispose the writ

petition with a direction to the 1 st respondent to consider and

pass orders on Ext.P6 revision petition, within a period of two

months from the date of receipt of a copy of this judgment, after W.P.(C).No.1306/2021 :: 3 ::

hearing the petitioner. It is made clear that till such time as

orders are passed by the 1st respondent as directed and the

order communicated to the petitioner, coercive steps pursuant to

Ext.P5 order shall not be taken by the respondents. It is further

made clear that the petitioner shall not alter the nature of the

land in question during the period when the stay granted by this

Court is in operation.

Sd/-

                          A.K.JAYASANKARAN NAMBIAR
                                      JUDGE



prp/18/1/2021
     W.P.(C).No.1306/2021                   :: 4 ::




                                 APPENDIX



PETITIONER'S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE DOCUMENT NO 2176/2013 OF
                           S.R.O.AYYANTHOLE

EXHIBIT P2                 TRUE COPY OF THE POSSESSION CERTIFICATE

ISSUED BY THE 3RD RESPONDENT ON 10.3.2017.

EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.6.2018.

EXHIBIT P4 TRUE COPY OF THE STATEMENT PREFERRED BY THE PETITIONER THROUGH HER COUNSEL.

EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 26.10.2020.

EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF REVISION PETITION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE