Indira S. Menon vs District Collector
2021 Latest Caselaw 7269 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.5377 OF 2021(V)


PETITIONER:

              INDIRA S. MENON,
              W/O SREEDHARA MENON, PURATHEKKATTU HOUSE,
              KULAYEATTIKKARA P.O., KANJIRAMATTAM,
              PIN-682 315, ERNAKULAM DISTRICT

              BY ADV. SRI.V.BIJU JOSEPH

RESPONDENTS:

     1        DISTRICT COLLECTOR,
              COLLECTORATE, KAKKANAD,
              ERNAKULAM DISTRICT, PIN-682 030.

     2        REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE, FORT KOCHI,
              ERNAKULAM DISTRICT, PIN-682 001.

     3        TAHASILDAR,
              KANAYANNOOR TALUK OFFICE,
              ERNAKULAM DISTRICT, PIN-682 011.

     4        VILLAGE OFFICER,
              KEECHERI VILLAGE OFFICE, KANJIRAMATTAM P.O.,
              ERNAKULAM DISTRICT, PIN-682 315.

     5        AGRICULTURAL OFFICER,
              KRISHI BHAVAN AMBALLOOR,
              ERNAKULAM DISTRICT, PIN-682 315.
 W.P.(C)No.5377 of 2021          2



       6      STATE OF KERALA,
              REPRESENTED BY SECRETARY, DEPARTMENT OF
              REVENUE, SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.

              SRI. RAVI KRISHNAN GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR AD-
MISSION ON 02.03.2021, THE COURT ON THE SAME DAY DELIV-
ERED THE FOLLOWING:
 W.P.(C)No.5377 of 2021                    3




                        W.P.(C) No.5377 of 2021
                 -----------------------------------------------


                              JUDGMENT

Ext.4 is an application preferred by the petitioner in

Form No.7 of the Kerala Conservation of Paddy Land and Wetland

Rules for permission to utilize a land held by her, 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.P4 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.P4 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

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.

YKB

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF BTR DATED 30.1.2021 ISSUED BY 4TH RESPONDENT

EXHIBIT P2 TRUE COPY OF TAX PAID RECEIPT DATED 15.1.2021 OF THE PROPERTY

EXHIBIT P3 TRUE COPY OF DATA BANK ISSUED BY 5TH RESPONDENT DATED 2.2.2021 WITH RESPECT TO THE PROPERTY COMPRISED IN BLOCK NO 20, RE SY NO 172/2 (OLD SY NO 111)

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 17.2.2021 SUBMITTED BEFORE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF POSTAL RECEIPT DATED 17.2.2021 ISSUED BY THE POSTAL DEPARTMENT