Deepu Kakkanattu vs State Of Kerala
2021 Latest Caselaw 10278 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                   WP(C).No.7711 OF 2021(L)


PETITIONER:

              DEEPU KAKKANATTU, AGED 54 YEARS
              S/O.BALAGOPALAN NAIR, KAKKANATTU PARAMESWARAN
              PILLAI, 27/1282-B1, 1A, SKYLINE EMERALD,
              PANAMPILLY NAGAR P.O., ERNAKULAM-682 036,
              REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
              BAIJU RADHAKRISHNAN.

              BY ADVS.
              SRI.SANTHOSH MATHEW
              SRI.ARUN THOMAS
              SRI.JENNIS STEPHEN
              SRI.VIJAY V. PAUL
              SMT.KARTHIKA MARIA
              SRI.ANIL SEBASTIAN PULICKEL
              SMT.DIVYA SARA GEORGE
              SMT.JAISY ELZA JOE
              SMT.NANDA SANAL
              SMT.SANITA SABU VARGHESE

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              DEPARTMENT OF AGRICULTURAL, SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.

     2        REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE,
              FORT KOCHI, KOCHI-682 001.

     3        THE THAHSILDAR,
              KANAYANNUR TALUK OFFICE,
              MARINE DRIVE, KOCHI-682 011.

     4        AGRICULTURAL FIELD OFFICER, KALAMASSERY,
              KRISHI BHAVAN, VYTILLA, KOCHI-682 019.
 W.P.(C) No.7711 of 2021

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       5      VILLAGE OFFICER, THRIKAKARA NORTH VILLAGE,
              KOONAMTHAI, PADIVATTOM, KOCHI-682 024.

              BY GOVERNMENT PLEADER SRI. K.J. MANURAJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.7711 of 2021

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                      W.P.(C) No.7711 of 2021
                   --------------------------------------


                           JUDGMENT

Ext.P4 is an application preferred by the petitioner in

Form No.5 of the Kerala Conservation of Paddy Land and Wetland

Rules (the Rules) for removal of the property of the petitioner

referred to in the writ petition from the data bank prepared in terms

of the Kerala conservation of Paddy Land and Wetland Act, 2008 (the

Act). Ext.P4(A) is another application preferred by the petitioner in

Form No.6 of the Rules for permission to utilize the said land which

is an un-notified land in terms of the Act, 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.P4

and Ext.P4(A) applications.

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.P4 in accordance with law, if the same is received and

pending, after affording the petitioner an opportunity of hearing. W.P.(C) No.7711 of 2021

..4..

Ordered accordingly. Needless to say that if Ext.P4 application is

allowed, orders shall be passed by the second respondent

simultaneously on Ext.P4(A) application as well, having regard to

Ext.P6 order of the Government. 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 applications

directed to be disposed of are 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 applications 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 26.03.2021 W.P.(C) No.7711 of 2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3666/14 EXECUTED BY MUHAMMED P.M. IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATABANK PREPARED FOR THRIKKAKARA NORTH VILLAGE OF KALAMASSERY MUNICIPALITY.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 04.03.2021 FILED BEFORE THE 4TH RESPONDENT FOR REMOVING THE PROPERTY FROM EXT.P2 DATABANK EVEN THOUGH IT WAS DESCRIBED AS CONVERTED LAND.

EXHIBIT P4 TRUE COPY OF THE FORM 5 APPLICATION DATED 22.03.2021 FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE FORM 6 APPLICATION DATED 04.03.2021 ALONG WITH THE DEMAND DRAFT OF RS.1000/-

EXHIBIT P5 TRUE COPY OF THE FORM A APPLICATION DATED 04.03.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE SAID GO (ORDINARY) NO.1166/2021/REVENUE DATED 25.02.2021.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 10.03.2021 ISSUED BY THE 2ND RESPONDENT.