Aziya Anzar vs The District Collector
2021 Latest Caselaw 8335 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.6448 OF 2021(E)


PETITIONER:

               AZIYA ANZAR
               AGED 21 YEARS
               D/O.M.A. ANZAR, SHAMNA GARDENS, MANGADUCHERY,
               KILIKOLLOOR P.O., KOLLAM-691004.

               BY ADV. SRI.K.A.SIYAD

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               KOLLAM DISTRICT, CIVIL STATION ROAD,
               KAANKATHU MUKKU,
               KOLLAM-691013.

      2        THE REVENUE DIVISIONAL OFFICER,
               RDO OFFICE,
               PUNALUR-691305.

      3        THE THAHASILDAR,
               KOTTARAKKARA TALUK, TALUK OFFICE,
               KOTTARAKKARA-691506.

      4        THE VILLAGE OFFICER,
               VETTIKKAVALA VILLAGE,
               VETTIKKAVALA VILLAGE OFFICE,
               PIN-691531.

      5        THE AGRICULTURAL OFFICER,
               KRISHI BHAVAN, VETTIKKAVALA,
               KOLLAM-691531.

      6        THE CONVENOR,
               LOCAL LEVEL MONITORING COMMITTEE,
               VETTIKAVALA GRAMA PANCHAYATH, PANCHAYATH OFFICE,
               SABARIMALA BYPASS, KOLLAM-691531.

               SRI.RAVIKRISHNAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6448 OF 2021(E)

                                       2




                          W.P.(C) No.6448 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.7 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 WP(C).No.6448 OF 2021(E)

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.

PV WP(C).No.6448 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 03/11/2020.

EXHIBIT P2 TRUE PHOTOCOPY OF THE APPLICATION IN FORM NO.5 SUBMITTED BEFORE THE 2ND RESPONDENT DATED 15/02/2021.

EXHIBIT P3 TRUE PHOTOCOPY OF THE APPLICATION IN FORM NO.7 SUBMITTED BEFORE THE 2ND RESPONDENT DATED 15/02/2021.

EXHIBIT P4 TRUE PHOTOCOPY OF THE CHALLAN FOR THE APPLICATION UNDER SECTION 27A DATED 16/02/2021.