Nina Mathew vs State Of Kerala
2021 Latest Caselaw 10540 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                  WP(C).No.8020 OF 2021(B)


PETITIONER:

              NINA MATHEW
              AGED 55 YEARS, W/O. N.A. MATHEW,
              PERUMPILLICHIRA HOUSE, FLORICAN HILL ROAD,
              MALAMPARAMBA, KOZHIKODE 673 009.

              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

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        THE THAHSILDAR,
              KANAYANNUR TALUK OFFICE,
              MARINE DRIVE, KOCHI 682 011.
 W.P.(C)No.8020 of 2021          2


       4      THE AGRICULTURAL OFFICER,
              KRISHI BHAVAN, KALAMASSERY,
              VADACODE P.O. KOCHI 682 021.

       5      THE AGRICULTURAL OFFICER,
              KRISHI BHAVAN, THRIKKAKARA,
              KAKKANAD, KOCHI 682 030.

       6      THE VILLAGE OFFICER,
              THRIKAKARA NORTH VILLAGE, KOONAMTHAI,
              PADIVATTOM, KOCHI 682 024.

       7      THE VILLAGE OFFICER,
              KAKKANAD VILLAGE, KAKKANAD,
              ERNAKULAM DISTRICT 682 021.

              SMT.REJITA GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(C)No.8020 of 2021                    3




                        W.P.(C) No.8020 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.P5 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.P5 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. Ordered accordingly. Needless to say that if Ext.P4

application is allowed, orders shall be passed by the second

respondent simultaneously on Ext.P5 application as well, having

regard to Ext.P7 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.

YKB

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT FOR THE PROPERTY IN SY.NO. 849/9-2 OF BLOCK NO. 5 IN THRIKAKARA NORTH VILLAGE DATED 22.12.2020.

EXHIBIT P1 (A) TRUE COPY OF THE TAX RECEIPT FOR THE PROPERTY IN SY.NO. 673/1-13 OF BLOCK NO. 8 IN KAKKANAD VILLAGE DATED 22.12.2020.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED FOR THRIKKAKARA NORTH VILLAGE ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P2 (A) TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED FOR KAKKANAD VILLAGE ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 17.10.2017 FILED BEFORE THE 4TH RESPONDENT TO REMOVE THE PROPERTY FROM EXT. P2 DATA BANK.

EXHIBIT P3 (A) TRUE COPY OF THE APPLICATION DATED 25.8.2017 FILED BEFORE THE 5TH RESPONDENT TO REMOVE THE PROPERTY FROM EXT. P2 (A)DATA BANK.

EXHIBIT P4 TRUE COPY OF THE FORM 5 APPLICATION DATED 19.03.2021 FILED BEFORE THE 2ND RESPONDENT SEEKING PERMISSION, FOR REMOVING THE SUBJECT PROPERTY FROM EXT. P2 & P2(A) DATABANK.

EXHIBIT P5 TRUE COPY OF THE FORM 6 APPLICATION DATED 04.03.2021 ALONG WITH THE DEMAND DRAFT OF RS. 1000/- FOR OBTAINING PERMISSION TO UTILISE THE PROPERTY FOR PURPOSES INCLUDING CONSTRUCTING WITHOUT ANNEXURES.

EXHIBIT P5 (A) TRUE COPY OF THE LETTER DATED 19.3.2201 ISSUED BY THE 2ND RESPONDENT DIRECTING THE PETITIONER TO RESUBMIT THE APPLICATION AFTER REMITTING THE FEES THROUGH TREASURY.

EXHIBIT P6 TRUE COPY OF THE FORM A APPLICATION DATED 04.03.2021 SUBMITTED BEFORE THE 3RD RESPONDENT WITHOUT ANNEXURES.

EXHIBIT P7 TRUE COPY OF THE SAID G.O. (ORDINARY) NO. 1166/2021/REVENUE DATED 25.02.2021.