Meethiyan vs The District Collector Ernakulam
2021 Latest Caselaw 10745 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                        WP(C).No.3253 OF 2021(F)


PETITIONER/S:

                MEETHIYAN,AGED 65 YEARS
                S/O. MUHAMMED, MENACHERRY, VELUMTHATIPARAMBIL, THEKKE
                ADUVASSERY P.O., KUNNUKARA VILLAGE, PARAVUR TALUK,
                ERNAKULAM DISTRICT.

                BY ADVS.
                SRI.RAFEEK. V.K.
                SRI.BENOJ C AUGUSTIN
                SMT.SURYA P SHAJI
                SHRI.MANAS P HAMEED

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR ERNAKULAM
                CIVIL STATION, KAKKANAD, KOCHI-682 030.

      2         THE REVENUE DIVISIONAL OFFICER
                FORT KOCHI-682 001.

      3         THE TAHSILDAR
                PARAVUR TALUK, ERNAKULAM-683 513.

      4         THE VILLAGE OFFICER
                KUNNAKRA VILLAGE, ERNAKULAM-683 578.

                BY G.P SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3253 OF 2021(F)




                                 JUDGMENT

Dated this the 30th day of March 2021

The petitioner confines his reliefs for an expeditious

consideration of Ext P7 application filed in Form No.9 under

the Kerala Conservation of Paddyland and Wetland Rules.

The property of the petitioner is not included in the

data bank maintained under the Act. The petitioner relies on

Ext P1 partition deed of the year 1996 and its prior deed

bearing No.2996/1954, marked as Ext P3, to canvass his

contention that the property in question had been a dry land

much prior to 1967.

The 2nd respondent shall consider Ext P7

application(Form 9) and pass appropriate orders, on

obtaining the necessary reports, as expeditiously as

possible and at any rate within a period of three months

from the date of receipt of a copy of this judgment. The

petitioner shall make available the relevant documents

before the 2nd respondent.

The writ petition is disposed of as above.

Sd/-

SATHISH NINAN

JUDGE VDV WP(C).No.3253 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PARTITION DEED DATED 5.8.1996 REGISTERED IN CHENGAMANAG SUB REGISTRAR OFFICE.

EXHIBIT P2 TRUE COPY OF TAX RECEIPT DATED 15.5.2020.

EXHIBIT P3 TRUE COPY OF THE PRIOR DOCUMENT NUMBERED 2996/1954 DATED 13.9.1954 OF PARAVUR SRO TYPED COPY OF EXT.P3.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 25.9.2020 UNDER SECTION 6(2) OF KLU ORDER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE APPLICATION UNDER FORM 6 OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008 SUBMITTED BY THE PETITIONER DATED 10.2.2021

EXHIBIT P6 TRUE COPY OF THE CHALAN DATED 10.2.2021

EXHIBIT P7 TRUE COPY OF THE APPLICATION UNDER FROM 9 OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008 SUBMITTED BY THE PETITIONER DATED 16.3.2021