Rahul Abraham Mamman vs State Of Kerala
2021 Latest Caselaw 10285 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.7709 OF 2021(K)


PETITIONERS:

     1       RAHUL ABRAHAM MAMMAN, AGED 36 YEARS
             S/O. MAMMAN ABRAHAM, CHENGEZHATHU HOUSE,
             KADAVANTHRA, ELAMKULAM DESOM, KERALA 682 020

     2       MIRIAM VARGHESE,
             W/O. RAHUL ABRAHAM MAMMAN, CHENGEZHATHU
             HOUSE, KADAVANTHRA, ELAMKULAM DESOM, KERALA
             682 020

             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 695 001

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

     3       AGRICULTURAL FIELD OFFICER,
             KRISHI BHAVAN, VYTILLA VYTILLA,
             KOCHI 682 019
 W.P.(C) No.7709 of 2021

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       4      VILLAGE OFFICER,
              ELAMKULAM VILLAGE, GANDHI NAGAR,
              ELAMKULAM, ERNAKULAM, KERALA 682 020

              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.7709 of 2021

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                      W.P.(C) No.7709 of 2021
                   --------------------------------------


                           JUDGMENT

Ext.P3 is an application preferred by the petitioners in

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

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

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 is another application preferred by the petitioners 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 petitioners in the writ petition concerns the inaction

on the part of the second respondent in taking a decision on Ext.P3

and Ext.P4 applications.

2. Heard the learned counsel for the petitioners 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 W.P.(C) No.7709 of 2021

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orders on Ext.P3 in accordance with law, if the same is received and

pending, after affording the petitioners an opportunity of hearing.

Ordered accordingly. Needless to say that if Ext.P3 application is

allowed, orders shall be passed by the second respondent

simultaneously on Ext.P4 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 petitioners. If the applications

directed to be disposed of are found defective, the defect shall be

intimated to the petitioners 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 petitioners

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.7709 of 2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 02-

03-2021

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATABANK PREPARED FOR ELAMKULAM VILLAGE OF KRISHI BHAVAN, VYTILA

EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 19-03-2021 FILED BEFORE THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE FORM 6 APPLICATION DATED 22-03-2021 ALONG WITH THE DEMAND DRAFT OF RS 1000/-

EXHIBIT P5 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, ELAMKULAM

EXHIBIT P6 TRUE COPY OF THE SAID G.O(ORDINARY) NO. 1166/2021/REVENUE DATED 25-02- 2021.