Neethu P.John vs The District Collector
2021 Latest Caselaw 2787 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                         WP(C).No.1929 OF 2021


PETITIONER/S:

                NEETHU P.JOHN,AGED 43 YEARS
                W/O.MEJISON VARGHESE, PAANATT
                ASAMANNOOR, ERNAKULAM DISTRICT 683 549

                BY ADV. SRI.N.KRISHNA RAJA MAULI

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR
                CIVIL STATION, KAKKANAD, ERNAKULAM, PIN 682 030

      2         THE REVENUE DIVISIONAL OFFICER
                REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA PIN 686 673

      3         THE TAHSILDAR,KUNNATHUNAD TALUK, POOPPANI RD
                PERUMBAVOOR, KERALA 683 543

      4         THE VILLAGE OFFICER
                VAZHAKULAM VILLAGE, ERNAKULAM PIN 683 549

      5         THE LOCAL LEVEL MONITORING COMMITTEE
                REP.BY AGRICULTURAL OFFICER, KRISHI BHAVAN,
                ASAMANNOOR 683 543


OTHER PRESENT:

                GP: SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1929 OF 2021                     2




                                    JUDGMENT

The petitioner has preferred Ext.P1 application before the 2 nd respondent

Revenue Divisional Officer in Form 6 of the Rules framed under the Kerala

Conservation of Paddy Land and Wet Land Act, 2008 [hereinafter referred to as

the "2008 Act"] for changing the nature of the property. The limited prayer in the

writ petition is for a direction to the 2nd respondent to consider and pass orders on

Ext.P1 application, expeditiously, after hearing the petitioner.

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

2nd respondent to consider and pass orders on Ext.P1 application preferred by the

petitioner within an outer time limit of six weeks from the date of receipt of a copy

of this judgment, after hearing the petitioner and after ascertaining whether the

land in question is an unnotified land for the purposes of the 2008 Act. The

petitioner shall produce a copy of the writ petition along with a copy of this

judgment before the 2nd respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 30.9.2020

EXHIBIT P2 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT VILLAGE OFFICER DATED 9.11.2020 [