K.V.Abdul Hameed Kalyam vs Revenue Divisional Officer
2021 Latest Caselaw 7634 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.5606 OF 2021(A)


PETITIONER/S:
            K.V.ABDUL HAMEED KALYAM,
            AGED 55 YEARS, S/O. ABDUL GAFOOR SHAH,
            ONIYAL HOUSE, VALIYAKUNNU P.O.,
            TIRUR TALUK, MALAPPURAM DISTRICT,
            PIN-676 552.

             BY ADVS.
             SRI.BABU JOSEPH KURUVATHAZHA
             SRI.M.G.SREEJITH
             SMT.K.S.ARCHANA

RESPONDENT/S:

      1      REVENUE DIVISIONAL OFFICER
             COLLECTORATE, CIVIL STATION,
             KOZHIKODE-673 020.

      2      LOCAL LEVEL MONITORING COMMITTEE OF
             KOZHIKODE CORPORATION,
             REPRESENTED BY ITS CONVENOR,
             THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, KOZHIKODE,
             PIN-673 015.

      3      VILLAGE OFFICER,
             KACHERI VILLAGE, KACHERI P.O.,
             KOZHIKODE DISTRICT, PIN-673 005.

             BY SRI.RAVIKRISHNAN, GOVERNMENT PLEADER

     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.5606 of 2021
                                                  2




                                  W.P.(C)No.5606 of 2021
                           -----------------------------------------------


                                        JUDGMENT

Ext.P7 is an application preferred by the petitioner in Form

No.9 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. It is the case of the petitioner that the land is one

reclaimed prior to 04.07.1967. The grievance of the petitioner in the

writ petition concerns the inaction on the part of the first respondent in

taking a decision on Ext.P7 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

first respondent to take up and pass appropriate orders on Ext.P7

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 W.P.(C)No.5606 of 2021

found defective, the defect shall be intimated to the petitioner by the

first respondent immediately on production of a copy of this judgment,

and the first 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

rkj W.P.(C)No.5606 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF DOCUMENT NO.556/2016 DATED 15.3.2016 OF THE SUB REGISTRY, WEST HILL.

EXHIBIT P2 TRUE PHOTOCOPY OF THE FORM 1B SUBMITTED BY SMT. LAILA T.V., WHICH WAS ENCLOSED ALONG WITH EXT.P1 DOCUMENT.

EXHIBIT P3 TRUE PHOTOCOPY OF DOCUMENT NO.2402 DATED 10.10.2013 OF THE SUB REGISTRY, WEST HILL.

EXHIBIT P4 TRUE PHOTOCOPY OF DOCUMENT NO.2397 DATED 12.7.2007 OF THE SUB REGISTRY, WEST HILL.

EXHIBIT P5 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 23.9.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE PHOTOCOPY OF THE PROCEEDING NO.KKB143/19-20 DATED 12.2.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION DATED 9.9.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT UNDER FORM 9.

EXHIBIT P8 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 9.9.2020 SUBMITTED ALONG WITH EXT.P7.