Dr. Abdulla Cherayakkatt vs District Collector
2023 Latest Caselaw 13240 Ker

Kerala High Court

Dr. Abdulla Cherayakkatt vs District Collector on 15 December, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                      WP(C) NO. 42157 OF 2023
PETITIONER:

           DR. ABDULLA CHERAYAKKATT
           AGED 80 YEARS
           S/O. ABDUL KHADER ARADHANA HOUSE, KOVUR, MEDICAL
           COLLEGE P.O KOZHIKODE, PIN - 67300
           BY ADVS.
           R.K.MURALEEDHARAN
           HARISANKAR.K.V.
           ATHIRA A.MENON

RESPONDENTS:

     1       DISTRICT COLLECTOR,
             KOZHIKODE COLLECTORATE, CIVIL STATION P.O,
             KOZHIKODE, PIN - 673020
     2       REVENUE DIVISIONAL OFFICER,
             KOZHIKODE COLLECTORATE, CIVIL STATION PO,
             KOZHIKODE, PIN - 673020
     3       AGRICULTURE OFFICER,
             KRISHI BHAVAN,MATHARA, GURUVAYUR APPAN COLLEGE,
             OLAVANNA, KOZHIKODE, PIN - 673014
     4       VILLAGE OFFICER,
             OLAVANNA ,MATHARA, P.O KOZHIKODE, PIN - 673014
     5       LOCAL LEVEL MONITORING COMMITTEE,
             ARIMBUR GRAMA PANCHAYATH REP. BY ITS CONVENER -
             AGRICULTURE OFFICER, KRISHI BHAVAN, MATHARA, ,
             GURUVAYUR APPAN COLLEGE, OLAVANNA, KOZHIKODE,
             PIN - 673014
OTHER PRESENT:

             GP - RIYAL DEVASSY
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.12.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.42157 of 2023      :2:



                            VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C) No.42157 of 2023
         --     -- -- -- -- -- -- -- -- -- -- -- --
                Dated this the 15th day of December, 2023

                             JUDGMENT

Challenging Ext.P4 order issued by the 2 nd respondent on an

application submitted by the petitioner in Form 7, the petitioner

has preferred Ext.P6 appeal under Section 27B of the Kerala

Conservation of Paddy Land and Wetland Act, 2008 before the 1 st

respondent and he seeks an expeditious disposal of Ext. P6 appeal.

2. Heard the learned Government Pleader also.

3. After hearing both sides, I am inclined to dispose of the

above writ petition with a direction to the 1 st respondent to

consider and pass orders on Ext.P6 appeal submitted by the

petitioner in accordance with law, within an outer limit of three

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

4. Petitioner will be free to file argument notes incorporating

copies of the judgments in Arthasasthra Ventures (India) LLP

v. State of Kerala [2022 (7) KHC 591] and Joy v. Revenue

Divisional Officer/Sub Collector[2021 (1) KLT 433] relied on

by him before the 1st respondent to substantiate his contentions

and the 1st respondent while considering the appeal as directed

above, shall advert to the findings by this Court in those judgments

cited (supra) and also the contentions of the petitioner in the

argument notes submitted by him.

The writ petition is disposed of as above.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 42157/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF PARTITION DEED NO.1423/75 OF CHALAPPURAM SRO DATED 14.05.1975 Exhibit-P2 TRUE COPY OF THE OFFICIAL GAZETTE NO.A4- 7781/2019 OF DATA BANK 06.02.2021 PREPARED BY THE OLAVANNA GRAMA PANCHAYATH Exhibit-P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.10.2023 ISSUED TO THE PETITIONER Exhibit-P4 TRUE COPY OF THE ORDER NO.

RDOKKD/5558/2021-C2 DATED 21.02.2023 PASSED BY THE 2ND RESPONDENT Exhibit-P5 TRUE PHOTOGRAPHS OF THE PROPERTY Exhibit-P6 TRUE COPY OF APPEAL NO.4103/2023 DATED 14.03.2023 PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit-P7 TRUE COPY OF THE COVERING LETTER DATED 09.06.2023 ALONG WITH THE KSREC REPORT DATED 06.11.2023 OBTAINED UNDER THE RTI ACT