Musthaffa Kooloth vs The District Collector Of Kannur
2023 Latest Caselaw 3867 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        WP(C) NO. 11395 OF 2023
PETITIONER:

          MUSTHAFFA KOOLOTH,
          AGED 57 YEARS,
          S/O.LATE MAMMU, RESIDING AT KALLUPURATH
          HOUSE,P.O.PULOOKKARA, THALASSERY TALUK,
          KANNUR DISTRICT, PIN - 670 672.

          BY ADVS.
          R.SURENDRAN
          S.MAYUKHA



RESPONDENT:

          THE DISTRICT COLLECTOR OF KANNUR,
          COLLECTORATE, KANNUR DISTRICT, PIN - 670 002.




          SRI.APPU P.S., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11395 OF 2023

                                      2



                                JUDGMENT

Dated this the 30th day of March, 2023

This writ petition is filed seeking the following prayer:

"(i) Mandamus directing the respondent to dispose of the Exhibit P2 appeal after affording an opportunity of hearing the petitioner within such time that may be fixed by this honourable 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 as against Ext.P1 order passed by the Revenue Divisional

Officer, Thalassery, the petitioner has submitted an appeal

under Section 27B of Kerala Conservation of Paddy Land and

Wetland Act, 2008 as Ext.P2 before the appellate authority. The

learned counsel for the petitioner submits that the appeal is

liable to be considered in accordance with law.

4. Having heard the learned Government Pleader also and in

view of the fact that Ext.P2 is a statutory appeal preferred by WP(C).No.11395 OF 2023

the petitioner, there will be a direction to the respondent to take

up Ext.P2 appeal and to consider and pass orders on the same,

in accordance with law, with notice to the parties and after

hearing them, through any appropriate means, including video

conferencing, within a period of three months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ak WP(C).No.11395 OF 2023

APPENDIX OF WP(C) 11395/2023

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 13-2-2023 IN FILE NO. 407/2023, ISSUED BY THE REVENUE DIVISIONAL OFFICER, THALASSERY.

EXHIBIT P2 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE RESPONDENT ON 27-2- 2023.

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGEMENT/ RECEIPT NO. 515668/23/DCKNR DATED 27-2-2023.

RESPONDENTS EXHIBITS:- NIL