Muhammed P.S. vs State Of Kerala
2021 Latest Caselaw 10284 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.7626 OF 2021(C)


PETITIONER:

              MUHAMMED P.S., AGED 83 YEARS
              S/O. SEETHI ALIAS CHEETHY, PUNNAYCKATTU
              HOUSE, VADAKODE DESOM, H.M.T COLONY,
              KALAMASSERY, PIN - 683503.

              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
              SHRI.ABI BENNY AREECKAL
              SMT.LEAH RACHEL NINAN
              SMT.NANDA SANAL
              SMT.SANITA SABU VARGHESE

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              DEPARTMENT OF AGRICULTURE, SECRETARIAT,
              THIRUVANANTHAPURAM - 695001.

     2        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, FORT KOCHI,
              KOCHI - 682001.

     3        THE TAHSILDAR
              KANAYANNUR TALUK OFFICE, MARINE DRIVE,
              KOCHI - 682011.

     4        AGRICULTURAL FIELD OFFICER,
              KRISHI BHAVAN, COCHIN CORPORATION VYTTILA,
              KOCHI - 682019.
 W.P.(C) No.7626 of 2021        ..2..




       5      VILLAGE OFFICER,
              THRIKKAKARA NORTH VILLAGE, KOONAMTHAI,
              PADIVATTOM, KOCHI - 682024.

              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.7626 of 2021                ..3..




                      W.P.(C) No.7626 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 W.P.(C) No.7626 of 2021 ..4..

pending, after affording the petitioner an opportunity of hearing.

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.7626 of 2021             ..5..




                             APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                TRUE COPY OF THE TAX RECEIPT DATED
                          03.04.2019

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 19.03.2021 FILED BEFORE THE 2ND RESPONDENT

EXHIBIT P4A 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 G.O(ORDINARY) NO.1166/2021/REVENUE DATED 25.02.2021

EXHIBIT P6A TRUE COPY OF THE RELEVANT PAGES OF THE FAIR VALUE REGISTER SY NO.294/5

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 10.3.2021 ISSUED BY THE 2ND RESPONDENT