Kevin Jose vs The District Collector
2021 Latest Caselaw 3093 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                        WP(C).No.2189 OF 2021(W)


PETITIONER:

               KEVIN JOSE
               AGED 34 YEARS
               S/O.JOSE KURIAN, KURICHIYAPARAMBIL HOUSE,
               KADUTHURUTHI, KOTTAYAM - 686 604.

               BY ADVS.
               SRI.N.KRISHNA RAJA MAULI
               SMT.N.G.ANITHA

RESPONDENTS:

       1       THE DISTRICT COLLECTOR
               COLLECTORATE, KOTTAYAM, PIN - 686 002.

       2       THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, MEENACHIL,
               PALA, PIN - 686 575.

       3       THE TAHASILDAR, TALUK OFFICE
               FIRST FLOOR, MINI CIVIL STATION, W GATE RD.,
               VAIKOM, PIN - 686 141.

       4       THE VILLAGE OFFICER
               KADUTHURUTHY, KOTTAYAM, PIN - 686 604.

       5       LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENER, (AGRICULTURAL OFFICER,
               KRISHI BHAVAN, KADUTHURUTHY - 686 604).


                BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION         ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.2189 of 2021                2




                               JUDGMENT

The petitioner has preferred Ext.P3 application before the 2 nd

respondent in Form-6 under the Rules framed under 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 2nd 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 2nd 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 2nd 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 2nd respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/28.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 12/10/2020.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KADUTHURUTHY, DATED 12/10/2020.

EXHIBIT P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 28/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4               TRUE   COPY    OF    THE  CHALAN   EVIDENCING
                         PAYMENT     OF      STATUTORY    FEE    DATED
                         21/10/2020.

RESPONDENTS EXHIBITS:NIL



                                                           //TRUE COPY//


                                                            P.A TO JUDGE