Sageer vs The State Of Kerala
2021 Latest Caselaw 2795 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.1863 OF 2021


PETITIONER/S:

                SAGEER,
                AGED 45 YEARS
                S/O MUHAMMED, MUDAVANKATTIL HOUSE, THEKKUMKARA
                VILLAGE, MUKUNDAPURAM TALUK, VALLIVATTOM P.O.THRISSUR
                DISTRICT, PIN-680 682.

                BY ADVS.
                SRI.JITHIN BABU A
                SRI.ARUN SAMUEL

RESPONDENT/S:

      1         THE STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO THE GOVERNEMNT,
                REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM, PIN-695 001.

      2         THE DISTRICT COLLECTOR,
                COLLECTORATE, AYYANTHOLE, 1ST FLOOR, CIVIL LINES
                ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR DISTRICT,
                PIN-680 003.

      3         THE REVENUE DIVISIONAL OFFICER,
                CIVIL STATION ANNEXE, IRINJALAKUDA, THRISSUR
                DISTRICT, PIN-680 125.

      4         THE VILLAGE OFFICER,
                VADAKKUMKARA VILLAGE, VELLANGALLUR, THRISSUR
                DISTRICT, PIN-680 662.


OTHER PRESENT:

                GP: 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.1863 OF 2021

                                        2


                                   JUDGMENT

The petitioner has preferred Ext.P1 application before the 3 rd

respondent in Form-6 under the Rules of the Kerala Conservation of Paddy

Land and WetLand Act, 2008 [hereinafter referred to as the "2008 Act"]. The

limited prayer in the writ petition is for a direction to the 3 rd 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 by directing

the 3rd respondent to consider and pass orders on Ext.P1 application within

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

judgment, after hearing the petitioner. It is made clear that the 3 rd

respondent shall ascertain whether the land in question is unnotified land

for the purposes of the Act. The petitioner shall produce a copy of the writ

petition together with a copy of this judgment, before the 3 rd respondent,

for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.1863 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPLICATION DATED 20.10.2020 SUBMITTED BY THE PETITIONER UNDER SECTION 27A OF THE ACT

EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 28.10.2020 ISSUED BY THE 3RD RESPONDENT EVIDENCING THE SUBMISSION OF THE AFORE APPLICATION

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE BEFORE THE 3RD RESPONDENT DATED 30.11.2020

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 4.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT