M.T.Mammed Haji Educational & ... vs The Revenue Divisional Officer
2021 Latest Caselaw 3340 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

                        W.P(C).No.2317 OF 2021(L)


PETITIONER:

               M.T.MAMMED HAJI EDUCATIONAL & CHARITABLE TRUST
               REG NO.417/IV/2013, DOOR NO.TC 1/1799, MLA ROAD,
               THRISSUR-680 002, REPRESENTED BY ITS CHAIRMAN,
               DR. V.K. ABDUL AZEEZ, AGED 61 YEARS,
               S/O MAMMED HAJI.

               BY ADVS.SRI.N.M.MADHU
                       SRI.M.C.ASHI
                       SMT.C.S.RAJANI

RESPONDENTS:

       1       THE REVENUE DIVISIONAL OFFICER
               OFFICE OF THE REVENUE DIVISIONAL OFFICE, TIRUR,
               MALAPPURAM-676 505.

       2       THE LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
               KRISHI BHAVAN, ERAMANGALAM, MALAPPURAM-679 587.

               BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

            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.2317/2021               :: 2 ::




                             JUDGMENT

The learned counsel for the petitioner seeks permission to

withdraw the writ petition. Permission is granted, and the writ

petition is dismissed as withdrawn, without prejudice to the right

of the petitioner to file an appeal against Ext.P1 order under

Section 27B of the Kerala Conservation of Paddy Land and

Wetland Act, 2008, before the District Collector. If the petitioner

prefers an appeal against Ext.P1 order before the District

Collector within a period of three weeks from today, the District

Collector shall consider the same as filed within time, and

proceed to hear and dispose the matter on merits, after hearing

the petitioner. The petitioner shall produce a copy of the writ

petition together with a copy of this judgment, before the District

Collector, for further action.

Sd/-

                                  A.K.JAYASANKARAN NAMBIAR
                                             JUDGE

prp/29/1/2021
      W.P.(C).No.2317/2021           :: 3 ::




                                  APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                  TRUE COPY OF THE ORDER DATED 04.12.2020

BEARING NO. RDOTIR/513/22/KI ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE ORDER OF AFFILIATION DATED 18/02/2019 ISSUED BY THE UNIVERSITY OF CALICUT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DARTED 13.12.2017 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 05.02.2018 IN WPC NO. 976/2018.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 09.03.2018 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DARTED 11.02.2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 09/04/2019 IN CON.CASE (C) NO. 1829/2018.

EXHIBIT P8 TRUE COPY OF THE REPORT OF THE KSREC ALONG WITH THE COVERING LETTER DATED 04.02.2019 REFERRED TO IN EXT.P6.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE