Rajanand N.R vs The Revenue Divisional Officer
2021 Latest Caselaw 2953 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

                        W.P(C).No.985 OF 2021(W)


PETITIONER:

               RAJANAND N.R
               AGED 48 YEARS, S/O.RAJENDRAN,
               SOUTHERN STAR, P.B.NO.2474, KALAKAUMUDHI ROAD,
               MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM.

               BY ADVS.SRI.SABU S.KALLARAMOOLA
                       SHRI.RAKESH LEO

RESPONDENTS:

       1       THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISION OFFICE, CIVIL STADIUM, NEDUMAMGADU,
               THIRUVANANTHAPURAM-695541.

       2       THE AGRICULTURE OFFICER
               KRISHI BHAVAN, VILAVOORKKAL, THIRUVANANTHAPURAM-695573.

       3       THE VILLAGE OFFICER
               VILLAGE OFFICE, VILAVOORKKAL VILLAGE,
               THIRUVANANTHAPURAM-695573.

               BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

           THIS WRIT PETITION      (CIVIL) HAVING COME UP        FOR
      ADMISSION ON 27.01.2021,     THE COURT ON THE SAME         DAY
      DELIVERED THE FOLLOWING:
 W.P.(C).No.985/2021              :: 2 ::




                          JUDGMENT

The petitioner has preferred Ext.P1 application before the

1st respondent seeking permission to use the alleged

un-notified land for non-agricultural purposes. The limited

prayer of the petitioner in the writ petition is for a direction to

the 1st respondent to consider and pass orders on Ext.P1

application, expeditiously, after hearing him.

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 1st 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, W.P.(C).No.985/2021 :: 3 ::

after hearing the petitioner. It is made clear that the 1 st

respondent shall ascertain whether the land in question is

un-notified land for the purposes of the 2008 Act. The

petitioner shall produce a copy of the writ petition together

with a copy of this judgment, before the 1 st respondent, for

further action.

Sd/-

                        A.K.JAYASANKARAN NAMBIAR
                                    JUDGE



    prp/27/1/2021
      W.P.(C).No.985/2021            :: 4 ::




                                  APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF APPLICATION FILED UNDER U/S 27 A

OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 DATED 29/01/2019.

EXHIBIT P2 TRUE COPY OF REPORT OF 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF REPORT OF 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPORT DATED 17/08/2020 OF THE THAHSILDAR(LR), KATTAKADA TALUK.

EXHIBIT P5                 TRUE COPY OF REPORT      OF 1ST    RESPONDENT
                           SUBMITTED      BEFORE      THE      PRINCIPAL
                           SECRETARY(REVENUE).

RESPONDENTS EXHIBITS:             NIL.


                                    //TRUE COPY//

                                    P.S. TO JUDGE