Unknown vs By Adv. Sri.E.S.Saneej
2021 Latest Caselaw 7266 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.5400 OF 2021(Y)


PETITIONER

               SHAIBIN
               AGED 40 YEARS
               S/O.BABY, THALIYACHIRA HOUSE,EAST MARADI KARA,
               MUVATTUPUZHA-686 703

               BY ADV. SRI.E.S.SANEEJ

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               ERNAKULAM DISTRICT, CIVIL STATION, KAKKANADU,
               PIN-682 030

      2        THE REVENUE DIVISIONAL OFFICER,
               FORT KOCHI,KOCHI-682 001

      3        THE THAHASILDAR,
               KANAYANNOOR TALUK, TALUK OFFICE,
               ERNAKULAM-682 011

      4        THE VILLAGE OFFICER,
               KUREEKKAD VILLAGE, KUREEKKAD VILLAGE OFFICE,
               PIN-683 594

      5        THE AGRICULTURAL OFFICER,
               KRISHI BHAVAN, KOCHI-MADURAI-TONDI POINT ROAD,
               THIRUVANANTHAPURAM-682 305

      6        THE CONVENOR,
               LOCAL LEVEL MONITORING COMMITTEE,
               CHOTTANIKKARA GRAMA PANCHAYATH, PANCHAYATH OFFICE,
               CHOTTANIKKARA-MULANTHURUTHY ROAD-682 312

               SRI.RAVI KRISHNAN - GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5400 OF 2021(Y)

                                      2



                       W.P.(C) No.5400 of 2021
                -----------------------------------------------


                             JUDGMENT

Ext.P6 is an application preferred by the petitioner in

Form No.6 of the Kerala Conservation of Paddy Land and Wetland

Rules for permission to utilize a land held by him, 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.P6 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.P6 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 WP(C).No.5400 OF 2021(Y)

application directed to be disposed of is 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 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, JUDGE.

PV WP(C).No.5400 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 18.08.2010

EXHIBIT P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 25.07.2013

EXHIBIT P3 TRUE PHOTOCOPY OF THE LOCATION CERTIFICATE ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4 TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 25.06.2010

EXHIBIT P5 TRUE PHOTOCOPY OF THE BUILDING PERMIT ISSUED BY THE CHOTTANIKKARA GRAMA PANCHAYATH DATED 08.09.2010

EXHIBIT P6 TRUE PHOTOCOPY OF THE APPLICATION IN FORM NO.6 SUBMITTED BEFORE THE 2ND RESPONDENT DATED 25.02.2021

EXHIBIT P7 TRUE PHOTOCOPY OF THE CHALLAN FOR THE APPLICATION UNDER SECTION 27A DATED 25.02.2021