Citation : 2021 Latest Caselaw 10408 Ker
Judgement Date : 26 March, 2021
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.8063 OF 2021(G)
PETITIONER:
PADMAVATHY
AGED 70 YEARS
W/O.BHASKARAN,RESIDING AT VAKKAYIL HOUSE,CHAVAKKAD
TALUK,PERAKAM VILLAGE,
EDAKAZHIYOOR.P.O, THRISSUR-680515.
BY ADV. SRI.M.S.AMAL DHARSAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,DEPARTMENT OF
REVENUE,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,THRISSUR DISTRICT,
CIVIL STATION,CIVIL LINES ROAD,
AYYANTHOLE,THRISSUR-680003.
3 THE TAHSILDAR,
CHAVAKKAD TALUK OFFICE,VANJIKADAVU ROAD,CHAVAKKAD
,THRISSUR-680506.
4 THE VILLAGE OFFICER,
PERAKAM VILLAGE OFFICE,PERAKAM,
THRISSUR-680505.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,PERAKAM VILLAGE OFFICE,
PERAKAM,THRISSUR-680505.
BY ADV.SRI.RAVIKRISHNAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8063 OF 2021(G)
2
W.P.(C) No.8063 of 2021
-------------------------------------------
JUDGMENT
Ext.P3 is an application preferred by the petitioner in Form
No.7 of the Kerala Conservation of Paddy Land and Wetland Rules for
permission to utilize a land held by her, 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 WP(C).No.8063 OF 2021(G)
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
Mn JUDGE
WP(C).No.8063 OF 2021(G)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED
29/07/2019 FOR THE YEAR 2019-2020
EXHIBIT P2 TRUE COPY OF THE PUBLISHED DATA BANK DATED
11/08/2020
EXHIBIT P3 A TRUE COPY OF THE APPLICATION IN FORM-
7,DATED 08/11/2019 SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P3(A) A TRUE COPY OF TREASURY CHALLAN RECEIPT
DATED 08/11/2019 TO THE PETITIONER.
//TRUE COPY//
PA TO JUDGE
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