Jyothi Province Of Kothamangalam ... vs State Of Kerala Represented By ...
2021 Latest Caselaw 9300 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

   FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                      WP(C).No.6977 OF 2021(V)


PETITIONER:

               JYOTHI PROVINCE OF KOTHAMANGALAM OF SH
               CONGREGATION, SH PROVINCIAL HOUSE,
               KOTHAMANGALAM 686 691, REPRESENTED BY PROVINCIAL
               SUPERIOR, SR. CHRISTINA AUGUSTINE.

               BY ADVS.
               SRI.THOMAS JOHN AMBOOKEN
               SRI.B.SAJEEV KUMAR
               SMT.BLOSSOM MATHEW
               SRI.RENJIT JOHN

RESPONDENTS:

      1        STATE OF KERALA REPRESENTED BY SECRETARY,
               DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM 695 001

      2        THE DISTRICT COLLECTOR,
               ERNAKULAM, CIVIL STATION, KAKKANAD,
               ERNAKULAM 682 030

      3        THE REVENUE DIVISIONAL OFFICER,
               FORT KOCHI, REVENUE DIVISION OFFICE,
               ERNAKULAM 682 001

      4        THE TAHSILDAR (L.R),
               KANAYANNUR TALUK, KANAYANNUR TALUK OFFICE,
               ERNAKULAM 682 011
 W.P.(C) No.6977 of 2021               2



         5         THE VILLAGE OFFICER,
                   ELAMKULAM VILLAGE OFFICE, ELAMKULAM,
                   KOCHI 682 017

                   SRI.K.J.MANURAJ

       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.6977 of 2021                       3




                             W.P.(C) No.6977 of 2021
                      -----------------------------------------------


                                   JUDGMENT

Ext.P4 is an application preferred by the petitioner in Form

No.5 of the Kerala Conservation of Paddy Land and Wetland 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 grievance of the petitioner in the writ

petition concerns the inaction on the part of the third 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 and the orders passed by this court in similar and identical writ

petitions, I deem it appropriate to dispose of the writ petition directing the

third respondent to take up and pass appropriate orders on Ext.P4 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 third respondent immediately on

production of a copy of this judgment, and the third respondent will be

entitled to avail the time taken by the petitioner to cure the defects in the

said application also, for compliance of the directions contained in the

judgment. It is made clear that the hearing in terms of this judgment can

either be physical or through video conference. All other issues are left

open.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 2535/1988 OF ERNALKULAM SUB REGISTRAR OFFICE

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO. 2321/1989 OF ERNAKULAM SUB REGISTRAR OFFICE

EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 19-02-

EXHIBIT P5 TRUE COPY OF THE POSTAL RECEIPT DATED 23-

02-2021

EXHIBIT P6 TRUE COPY OF THE APPLICATIONS DATED 19-

02-2021 TO RE-ASSESS THE PROPERTY AND CHANGE, NATURE OF THE PROPERTY FROM NILAM TO PURAYIDOM

EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DATED 23-

02-2021

RESPONDENT'S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE