Abdul Aziz Anzar vs The District Collector
2021 Latest Caselaw 8374 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.6371 OF 2021(V)


PETITIONER:

              ABDUL AZIZ ANZAR, AGED 23 YEARS
              S/O.M.A.ANZAR, SHAMNA GARDENS, MANGADUCHERY,
              KILIKOLLOOR P.O., KOLLAM - 691 004.

              BY ADV. SRI.K.A.SIYAD

RESPONDENTS:

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

     2        THE REVENUE DIVISIONAL OFFICER
              RDO OFFICE, PUNALUR - 691 305.

     3        THE THAHASILDAR, KOTTARAKKARA TALUK
              TALUK OFFICE, KOTTARAKKARA - 691 506.

     4        THE VILLAGE OFFICER
              VETTIKKAVALA VILLAGE,
              VETTIKKAVALA VILLAGE OFFICE, PIN- 691 531.

     5        THE AGRICULTURAL OFFICER
              KRISHI BHAVAN, VETTIKKAVALA,
              KOLLAM, PIN - 691 531.

     6        THE CONVENOR, LOCAL LEVEL MONITORING
              COMMITTEE
              VETTIKAVALA GRAMA PANCHAYATH, PANCHAYATH
              OFFICE, SABARIMALA BYPASS, KOLLAM - 691 531.
 W.P.(C) No.6371 of 2021         2


              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:
 W.P.(C) No.6371 of 2021                   3


                        W.P.(C) No.6371 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

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.

Ds 12.03.2021

APPENDIX PETITIONER'S/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.