Yousaff C.A. vs The District Collector
2021 Latest Caselaw 934 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      WP(C).No.695 OF 2021

PETITIONER:

               YOUSAFF C.A., AGED 49 YEARS
               S/O. ALAVI, VARIKKODAN HOUSE, MILLUPADY,
               MUPPATHADAM P.O, ERNAKULAM-683 110

               BY ADVS.
               SRI.V.A.VINOD
               SMT.SWAPNALEKHA K.T.

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               CIVIL STATION, KAKKANADU, ERNAKULAM-682 030

      2        THE REVENUE DIVISIONAL OFFICER,
               FORT KOCHI, ERNAKULAM-682 001

      3        THE TAHASILDAR,
               KANAYANNOOR TALUK OFFICE, ERNAKULAM-682 011

      4        THE VILLAGE OFFICER,
               THRIKKAKARA NORTH VILLAGE OFFICE,
               KOONAMTHAI, PADIVATTOM, ERNAKULAM-682 024

      5        LOCAL LEVEL MONITORING COMMITTEE,
               REPRESENTED BY ITS CONVENER,
               (AGRICULTURAL OFFICER, KRISHI BHAVAN,
               KALAMASSERY, VADAKKODU P.O, KOCHI-682 021)


OTHER PRESENT:

               GP. K.J.MANURAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.695 of 2021                 2


                         W.P.(C) No.695 of 2021
                 -----------------------------------------------


                              JUDGMENT

Ext.P3 is an application preferred by the petitioner in Form

No.6 of the Kerala Conservation of Paddy Land and Wetland Rules for

permission to utilize a land held by him, which is an un-notified land in

terms of the Kerala Conservation of Paddy Land and Wetland Act, 2008,

for other purposes. The grievance of the petitioner in the writ petition

concerns the inaction on the part of the second respondent in taking a

decision on Ext.P3 application.

2. Heard the learned counsel for the petitioner as also

the learned Government Pleader.

3. Having regard to the facts and circumstances of the

case, I deem it appropriate to dispose of the writ petition directing the

second respondent to take up and pass appropriate orders on Ext.P3

application in accordance with law, if the same is received and

pending, after affording the petitioner an opportunity of hearing.

Ordered accordingly. This shall be done within three months from the

date of production of a copy of this judgment along with a copy of the

writ petition by the petitioner. If the application directed to be disposed

of is found defective, the defect shall be intimated to the petitioner by

the second respondent immediately on production of a copy of this

judgment, and the second respondent will be entitled to avail the time

taken by the petitioner to cure the defects in the application also, for

compliance of the directions contained in this judgment. It is made

clear that the hearing in terms of this judgment can either be physical

or through video conference.

Sd/-

P.B.SURESH KUMAR, JUDGE.

ds 11.01.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 18.08.2020.

EXHIBIT P2 TRUE COPY OF THE EXTRACT OF DATA BANK.

EXHIBIT P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 17.11.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 04.11.2020.