Valsa Xavier vs State Of Kerala
2021 Latest Caselaw 10541 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.7966 OF 2021(U)


PETITIONER:

              VALSA XAVIER,
              AGED 76 YEARS, W/O DR. C.P. XAVIER,
              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

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.

     4        AGRICULTURAL OFFICER,
              KRISHI BHAVAN, KALAMASSERY,
              VADACODE P.O., KOCHI-682 021.
 W.P.(C)No.7966 of 2021            2



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

              SMT.G.RAJITA 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.7966 of 2021                    3




                        W.P.(C) No.7966 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 DATED 28.12.2020

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF KRISHI BHAVAN KALAMASSSERY

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 25.8.2017 FILED BEFORE THE 4TH RESPONDENT TO REMOVE THE PROPERTY FROM EXT P2 DATA BANK EVEN THOUGH ITS WAS DESCRIBED AS CONVERTED LAND

EXHIBIT P4 TRUE COPY OF THE FORM 5 APPLICATION DATED 19.3.2021 FILED BEFORE THE 2ND RESPONDENT TO REMOVE THE SUBJECT PROPERTY FROM EXT P2 DATA BANK WITHOUT ANNEXURES

EXHIBIT P5 TRUE COPY OF THE FORM 6 APPLICATION DATED 4.3.2021 ALONG WITH THE DEMAND DRAFT OF RS 1000/- FOR OBTAINING PERMISSION TO UTILISE THE PROPERTY FOR PURPOSES INCLUDING CONSTRUCTION WITHOUT ANNEXURES

EXHIBIT P5 (A) TRUE COPY OF THE LETTER DATED 19.3.2021 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 4.3.2021 SUBMITTED BEFORE THE 3RD RESPONDENT WITHOUT ANNEXURES

EXHIBIT P7 TRUE COPY OF THE SAID GO (ORDINARY) NO 1166/2021/REVENUE DATED 25.2.2021