Seena Hassainar vs State Of Kerala
2022 Latest Caselaw 2911 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                        WP(C) NO. 4686 OF 2022
PETITIONER:

          SEENA HASSAINAR
          AGED 39 YEARS
          W/O. HASSAINAR, MUNDETH HOUSE, EDAVOOR P.O.,
          ERNAKULAM DISTRICT., PIN - 683544
          BY ADVS.
          SALIM V.S.
          A.M.FOUSI
RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - -69500
    2     THE REVENUE DIVISIONAL OFFICER
          MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686669
          SMT.VINITHA B, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4686 OF 2022

                                      2


                               JUDGMENT

Dated this the 16th day of March, 2022

This writ petition is filed seeking the following prayer:

"(i) issue a writ of mandamus or any appropriate writ, order or direction commanding the 2nd respondent to pass orders on Exhibit P1 after affording an opportunity of hearing and communicate the petitioner within a time frame fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner had submitted an application in Form 6 in respect of 1.48

Ares of property in Re-Survey No.186/9-1-3 and 3.22 Ares of property

in Survey No.186/25-2-2 of Chelamattom Village, Kunnathunad Taluk

of Ernakulam District. It is submitted that the application was initially

rejected by the RDO. Thereafter, the petitioner had preferred an appeal

under Section 27B of the Kerala Conservation of Paddy Land and

Wetland Act, 2008 and Ext.P5 order was passed by the District

Collector on 09.08.2021 allowing the appeal, setting aside the order of

the RDO and remanding the matter to the RDO for a fresh WP(C) NO. 4686 OF 2022

consideration. It is submitted that thereafter nothing has been done in

the matter.

4. Having heard the learned counsel for the petitioner as well as the

learned Government Pleader, I am of the opinion that further steps have

to be taken by the 2nd respondent in pursuance to Ext.P5, in accordance

with law, without delay. There will, accordingly, be a direction to the

2nd respondent to take up Ext.P1 application submitted by the petitioner

and to consider and pass orders on the same as directed in Ext.P5, after

considering all relevant aspects of the matter and after verifying the

data bank and obtaining all necessary inputs including the report of the

Village Officer. Orders shall be passed within a period of two months

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 4686 OF 2022

APPENDIX OF WP(C) 4686/2022

PETITIONER'S EXHIBITS:

Exhibit1 TRUE COPY OF THE APPLICATION DATED 29.04.2019 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit2 TRUE COPY OF THE ORDER DATED 27.01.2020 PASSED BY THE 2ND RESPONDENT.

Exhibit3 TRUE COPY OF THE APPEAL DATED 24.02.2020. Exhibit4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

20420/2020 DATED 30.09.2020 Exhibit5 TRUE COPY OF THE ORDER DATED 09.08.2021 PASSED BY THE APPELLATE AUTHORITY, DISTRICT COLLECTOR RESPONDENTS' EXHIBITS: NIL