Vincy vs The Revenue Divisional Officer ...
2021 Latest Caselaw 2942 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                        WP(C).No.1980 OF 2021(V)


PETITIONER/S:

                VINCY,AGED 57 YEARS
                W/O. JOY KATTOKKARAN, KATTOOKKARAN HOUSE,
                MARATHAKKARA P.O, MARATHAKKARA VILLAGE, THRISSUR
                TALUK, THRISSUR DISTRICT.

                BY ADV. SRI.P.M.ZIRAJ

RESPONDENT/S:

      1         THE REVENUE DIVISIONAL OFFICER (R.D.O)
                THRISSUR-680 001.

      2         LOCAL LEVEL MONITORING COMMITTEE,
                MARATHAKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS
                CONVENER, AGRICULTURAL OFFICER, MARATHAKARA, THRISSUR
                DISTRICT-680014.

      3         THE TAHASILDAR,
                THRISSUR TALUK, THRISSUR DISTRICT-680 001.

      4         THE DISTRICT COLLECTOR,
                THRISSUR DISTRICT-680 001


OTHER PRESENT:

                GP: SRI. PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1980 OF 2021(V)                  2




                                    JUDGMENT

The petitioner has preferred Ext.P3 application before the 1 st respondent in

Form-6 under the Rules of the Kerala Conservation of Paddy Land and Wet Land

Act, 2008 [hereinafter referred to as the "2008 Act"]. The limited prayer in the

writ petition is for a direction to the 1 st 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 1 st

respondent to consider and pass orders on Ext.P3 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 1 st 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 1st respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT IN CONNECTION WITH THE PROPERTY OF PETITIONER DATED 21.5.2020.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK IN CONNECTION WITH PROPERTY OF PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 8.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COUNTER FOIL OF THE CHELAN TOWARDS THE PAYMENT OF APPLICATION FEE.