Shajahan Y. vs State Of Kerala
2021 Latest Caselaw 7632 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA,
                           1942

                   WP(C).No.5674 OF 2021(H)


PETITIONER:

              SHAJAHAN Y., AGED 51 YEARS
              S/O.YUSUF KUNJU, RESIDING AT AMEENA MANZIL,
              NEDUMONKAVU P. O., KOLLAM - 691 509.

              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 - 695 001.

     2        REVENUE DIVISIONAL OFFICER
              PUNALUR, PUNALUR P. O., KOLLAM, PIN - 691 331.

     3        THE TAHSILDAR
              KAREEPRA VILLAGE, KOTTARAKKARA TALUK,
              KOLLAM DISTRICT, PIN - 691 305.

     4        THE VILLAGE OFFICER
              KAREEPRA VILLAGE, VELIYAM, THOLICODE P. O.,
              KOLLAM DISTRICT, PIN - 691 505.

     5        AGRICULTURE OFFICER
              KRISHI BHAVAN, KAREEPRA VILLAGE, KOTTARAKKARA
              TALUK, KAREEPRA P. O., KOLLAM DISTRICT, PIN -
              691 333.

     6        KERALA STATE REMOTE SENSING AND ENVIRONMENT
              CENTRE REPRESENTED BY ITS DIRECTOR,
              VIKAS BHAVAN, 1ST FLOOR,
              THIRUVANANTHAPURAM DISTRICT - 695033.
 W.P.(C) No.5674 of 2021

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              BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 04.03.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.5674 of 2021

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                      W.P.(C) No.5674 of 2021
                   --------------------------------------


                              JUDGMENT

Ext.P5 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.P6 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.P5

and Ext.P6 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.P5 in accordance with law, if the same is received and W.P.(C) No.5674 of 2021

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pending, after affording the petitioner an opportunity of hearing.

Ordered accordingly. Needless to say that if Ext.P5 application is

allowed, orders shall be passed by the second respondent

simultaneously on Ext.P6 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 04.03.2021 W.P.(C) No.5674 of 2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY.

EXHIBIT P2 A TRUE COPY OF THE DOCUMENT NO.2970/2008 DATED 22.12.2008 OF SRO, EZHUKONE.

EXHIBIT P3 A TRUE COPY OF RELEVANT PAGE OF THE DATA BANK.

EXHIBIT P4 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 6.7.2020.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 20.1.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE FORM 6 DATED 6.1.2021 APPLICATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE TREASURY CHALLAN RECEIPT DATED 21.01.2021 TO THE PETITIONER.