Geetha vs District Collector- Thrissur
2023 Latest Caselaw 1956 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                          WP(C) NO. 2346 OF 2023
PETITIONER:

              GEETHA
              AGED 38 YEARS
              W/O SAJEEV, KANNAMNAGALATH, PATTIKAD P.O. CHEMBUTHARA,
              PIN - 680652

              BY ADVS.
              V.M.SYAM KUMAR
              SNEHA RAJIV
              KRIPA ELIZABETH MATHEWS


RESPONDENTS:

     1        DISTRICT COLLECTOR- THRISSUR
              COLLECTORATE, CIVIL STATION, CIVIL LINES RD, AYYANTHOLE,
              THRISSUR, KERALA, PIN - 680003
     2        REVENUE DIVISIONAL OFFICER
              FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, AYYANTHOLE,
              THRISSUR, KERALA, PIN - 680003
     3        TAHSILDAR LAND RECORDS
              THRISSUR TOWN HALL ROAD, W PALACE RD, OPP. THRISSUR,
              CHEMBUKKAV, THRISSUR, KERALA, PIN - 680020
     4        VILLAGE OFFICER-OLLUR
              VILLAGE OFFICE ROAD. OLLUR. KERALA., PIN - 680306
     5        AGRICULTURAL OFFICER
              KRISHI BHAVAN, OLLUR, THRISSUR, PIN - 680306
     6        LOCAL LEVEL MONITORING COMMITTEE
              REP. BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI
              BHAVAN, OLLUR, THRISSUR, ., PIN - 680306
              SRI.JOSHY.THANNIKAMATTOM-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2346 OF 2023                 2




                                   JUDGMENT

Dated this the 3rd day of February, 2023

This writ petition is filed seeking the following reliefs:-

a) issue a writ of Mandamus or any other appropriate writ, order or direction directing the 1 st respondent to consider and dispose of in accordance with law the appeal preferred by the petitioner evidenced by Ext. P10 receipt dated 01.04.2022 bearing No.B3/364997/2022 expeditiously.

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 application submitted by the petitioner under Form 6 was

rejected by the 2nd respondent by order dated 15/3/2022. The

petitioner submitted an appeal under Section 27B of the Kerala

Conservation of Paddy Land and Wet Land Act, 2008 and the same

on 1/4/2022. While so, it is submitted that the petitioner is a semi

literate lady had erroneously preferred an application to withdraw the

appeal. However, thereafter, the petitioner had submitted a request

for consideration of the appeal on merits. The learned counsel for the

petitioner submits that Exts.P8 and P9 are the records evidencing the

receipt of the appeal and the deposit of the appeal fee.

4. The learned Government Pleader submits that on instructions

that the appeal preferred by the petitioner can be considered on

merits.

In the above view of the matter, there will be a direction to the

1st respondent to take up the appeal preferred by the petitioner as

evidenced by Exts.P8 and P9 and to consider and pass orders on the

same on merits, after hearing the petitioner also. Appropriate orders

shall be passed within a period of four months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 2346/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED DTD.

27.09.2019 BEARING NO.1782/I/2019 OF SRO KUTTANELLUR

Exhibit P2 TRUE COPY OF THE CORRECTION DEED NUMBERED 1030/I/2020

Exhibit P3 TRUE COPY OF THE LATEST LAND TAX

Exhibit P4 PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER

Exhibit P5 TRUE COPY OF THE APPLICATION DTD.19.04.2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF CHALLAN DTD.28.04.2021 ISSUED TO THE PETITIONER ON ACCEPTANCE OF THE APPLICATION

Exhibit P7 TRUE COPY OF THE ORDER DTD.15.03.2022, NUMBERED B7-8126/2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE RECEIPT DTD.01.04.2022 BEARING NO.B3/364997/2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P9 TRUE COPY OF THE CHALAN DTD.31.03.2022

Exhibit P10 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DTD.27.07.2022 BEARING NUMBER B3 405966/22

Exhibit P11 TRUE COPY OF THE PETITION DTD. 11.01.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P12 TRUE COPY OF THE RECEIPT DTD.11.01.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT