Muhammed Kutty vs The Revenue Divisional Officer ...
2021 Latest Caselaw 9928 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7576 OF 2021(V)

PETITIONER:

               MUHAMMED KUTTY,AGED 61 YEARS
               S/O. RAYIN, CHEKIDANGOTTIL HOUSE,
               VEERAMANGALAM P. O., THRIKADEERI 2, MANGOD VILLAGE,
               OTTAPPALAM TALUK, PALAKKAD DISTRICT.

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER (R.D.O.)
               OTTAPALAM, PALAKKAD DISTRICT, PIN - 678001.

      2        THE DISTRICT COLLECTOR,PALAKKAD DISTRICT,
               PIN - 678001.

      3        THE LOCAL LEVEL MONITORING COMMITTEE
               CHERUPPLASSERY MUNICIPALITY, REPRESENTED BY ITS
               CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
               CHERUPLASSERY, PALAKKAD DISTRICT, PIN - 679503.

      4        THE DISTRICT LEVEL AUTHORIZED COMMITTEE
               PALAKKAD DISTRICT, REPRESENTED BY ITS CHAIRMAN,
               REVENUE DIVISIONAL OFFICER (RDO), OTTAPALAM, PALAKKAD
               DISTRICT, PIN - 678 001.

      5        THE STATE OF KERALA, REPRESENTED BY SECRETARY TO
               GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      6        THE VILLAGE OFFICER, THRIKADEERI 2 VILLAGE, PALAKKAD
               DISTRICT, PIN - 679503.

      7        AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERUPLASSERY,
               PALAKKAD DISTRICT, PIN - 679 503.

      8        THE TAHASILDAR, OTTAPALAM TALUK,
               PALAKKAD DISTRICT - 678001.

               BY GOVT. PLEADER SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7576 OF 2021(V)

                                      2


                               JUDGMENT

Dated this the 24th day of March 2021

The application submitted by the petitioner in Form

No.6 under Section 27A of the Kerala Conservation of

Paddyland and Wetland Act (in short, 'the Act'), a copy

of which is produced in the writ petition as Ext P4, is

pending consideration before the 1st respondent. The

petitioner relies on Ext P3 Gazette notification to

contend that the property claimed by the petitioner is

not included in the data bank maintained under the Act.

In the circumstances, there is no reason for non-

consideration of the application, submits the petitioner.

The writ petition is disposed of directing the 1 st

respondent to consider Ext P4 application(Form No.6) on

obtaining necessary reports, and pass orders thereon as

expeditiously as possible and at any rate within a period

of three months from the date of receipt of a copy of

this judgment.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.7576 OF 2021(V)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 14.12.2020 ISSUED BY THE SIXTH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 10.04.2018 IN WPC NO.12535/2018.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER ALONG WITH RELEVANT PAGES OF GAZETTE PUBLICATION.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 7.1.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COUNTERFOIL OF CHELAN TOWARDS APPLICATION FEE.