Chengalanalakath Alikoya vs The State Of Kerala
2021 Latest Caselaw 3336 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.2365 OF 2021(U)


PETITIONER:

               CHENGALANALAKATH ALIKOYA
               AGED 48 YEARS
               S/O. ASHARAF K.P, SREEKRISHNAPURAM RESIDENCE
               ASSOCIATION, SAMAN 10 A, KOZHIPPURATH RAGHAVA
               MENON ROAD, PANNIYANKARA P.O, THIRUVANNOOR NADA,
               KOZHIKODE DISTRICT PIN 673 029

               BY ADVS.
               SRI.M.G.SREEJITH
               SRI.ABDUL JALEEL ONATH

RESPONDENTS:

      1        THE STATE OF KERALA
               'REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF REVENUE, SECRETARIAT,
               THIRUVANANTHAPURAM PIN 695 001

      2        REVENUE DIVISIONAL OFFICER,
               REVENUE DIVISIONAL OFFICE, KOZHIKODE,
               COLLECTORATE, CIVIL STATION P.O, KOZHIKODE
               KOZHIKODE DISTRICT, PIN 673 020

      3        THE TAHSILDAR,
               TALUK OFFICE, WAYANAD RD, CIVIL STATION,
               ERANHIPPALAM, KOZHIKODE DISTRICT, PIN 673 020

      4        THE VILLAGE OFFICER,
               OFFICE OF THE VILLAGE OFFICE, ELATHUR, KANNUR RD,
               KOZHIKODE DISTRICT, PIN 673 020

      5        THE AGRIULTURAL OFFICER,
               KRISHI BHAVAN, ELATHUR, KANNUR RD, KOZHIKODE
               DISTRICT PIN 673 020


               BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.2365 of 2021                  2


                                  JUDGMENT

The petitioner has preferred Ext.P4 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.P4

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/29.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF LAND TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 27-10-2020

EXHIBIT P2 TRUE COPY OF REPLY LETTER DATED 22-10-

2020 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P3 TRUE COPY OF REPLY LETTER DATED 03-04-

2018 ISSUED BY THE 5THR RESPONDENT

EXHIBIT P4 TRUE COPY OF APPLICATION DATED 14-01-2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF POSTAL RECEIPT DATED 15-01-

EXHIBIT P6 TRUE COPY OF CERTIFICATE DATED 18-02-2020 ISSUED FROM THE OFFICE OF THE KOZHIKODE MUNICIPAL CORPORATION, KOZHIKODE

EXHIBIT P7 TRUE COPY OF BUILDING TAX RECEIPT DATED 03-12-2019 ISSUED FROM THE OFFICE OF THE KOZHIKODE MUNICIPAL CORPORATION.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE