Smitha T.S. vs State Of Kerala
2021 Latest Caselaw 7097 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                     WP(C).No.5219 OF 2021(B)


PETITIONER:

               SMITHA T.S., AGED 46 YEARS
               W/O MANI,
               MASMARA, MEVANAKONAM, KALLUVATHUKKAL P.O.,
               KOLLAM DISTRICT, PIN-691578.

               BY ADVS.
               SMT.M.R.JAYALATHA
               SMT.K.VINAYA
               ABHILASH.B

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY,
               DEPARTMENT OF REVENUE,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        REVENUE DIVISONAL OFFICER
               PUNALUR, KOLLAM-691013.

      3        THE TAHSILDAR
               KOLLAM, KALUVATHUKKAL VILLAGE, KOLLAM TALUK,
               KOLLAM DISTRICT, PIN-691578.

      4        THE VILLAGE OFFICER
               KALLUVATHUKKAL VILLAGE,
               KOLLAM TALUK, NADAKKAL ,
               OYOOR ROAD, NADAKKAL P.O., KOLLAM DISTRICT-
               691578.
 W.P.(C) No.5219 of 2021           2


       5      AGRICULTURAL OFFICER
              KRISHI BHAVAN KALLUVATHUKKAL, KALLUVATHUKKAL
              VILLAGE, KALLUVATHUKKAL P.O.,
              MUKKADA, PARIPPALLY,
              KOLLAM DISTRICT-695146.


OTHER PRESENT:

              GP. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 01.03.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.5219 of 2021                   3


                        W.P.(C) No.5219 of 2021
                 -----------------------------------------------


                              JUDGMENT

Ext.P2 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.P3 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.P2 and Ext.P3 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.P2 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.P2

application is allowed, orders shall be passed by the second

respondent simultaneously on Ext.P3 application as well. 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.

ds 01.03.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 12.5.2020 WITH TYPED COPY.

EXHIBIT P2 A TRUE COPY OF THE APPLICATION IN FORM NI 5 DATED 30.12.2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P3                A TRUE COPY OF THE FORM 6 DATED
                          30.12.2015 APPLICATION FILED BY THE
                          PETITIONER TO THE 2ND RESPONDENT.