Kerala High Court
Panhikkayil Cheruvari Sumesh Govind vs The District Collector on 6 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO.4571 OF 2024
PETITIONER/S:
1 PANHIKKAYIL CHERUVARI SUMESH GOVIND, AGED 54 YEARS
SON OF LATE P.M. VALSAN, RESIDING AT GOVIND,
NADAKKAVU (P.O), KOZHIKODE, KATCHERI VILLAGE,
KURUMBRAKKATTASSERI DESOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT, PIN - 673011
2 LIJU SUMESH, AGED 51 YEARS, W/O. PANHIKKAYIL
CHERUVARI SUMESH GOVIND, RESIDING AT GOVIND,
NADAKKAVU (P.O), KOZHIKODE, KATCHERI VILLAGE,
KURUMBRAKKATTASSERI DESOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT, PIN - 673011
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
SUMITHA SIV
MUHAMMED RASHID
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOZHIKODE DISTRICT., PIN - 673011
2 THE REVENUE DIVISIONAL OFFICER (R.D.O)/SUB
COLLECTOR, KOZHIKODE, KOZHIKODE DISTRICT,
PIN - 673011
BY SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.4571 of 2024 2
JUDGMENT
The petitioners submitted Form 9 application
under Section 27A of the Kerala Conservation of
Paddy Land and Wetland Act, 2008 [for brevity,
'the Act, 2008'] before the 2nd respondent, the
Revenue Divisional Officer [RDO], which was
rejected as per Ext.P1 order. Challenging the
same, the petitioners have filed WP(C) No.21781 of
2023 before this Court. During the pendency of the
said writ petition, the petitioners preferred
Ext.P2 statutory appeal before the 1st respondent
under Section 27B of the Act, 2008 along with
Ext.P4 application for condoning the delay in
filing the appeal. The limited prayer of the
petitioners is for a consideration of Ext.P2
appeal.
2. Heard the learned counsel for the
petitioners and the learned Government Pleader
appearing for the respondents.
3. In the facts and circumstances of the case
and having regard to the submissions made across
the Bar, there will be a direction to the 1 st
respondent/District Collector to consider and pass
appropriate orders on Exts.P2 and P4, in
accordance with law, as expeditiously as possible,
at any rate, within a period of three months from
the date of receipt of a certified copy of this
judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/06/02/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit P1 TRUE COPY OF THE ORDER 25.7.2019 ISSUED
BY THE FIRST RESPONDENT
Exhibit P2 TRUE COPY OF THE STATUTORY APPEAL DATED
10.10.2023 SUBMITTED BY THE PETITIONER
UNDER SECTION 27B OF KERALA
CONSERVATION OF PADDY LAND AND WET LAND
ACT 2008
Exhibit P3 TRUE COPY OF THE RECEIPT DATED
12.10.2023 ISSUED FROM THE OFFICE OF
FIRST RESPONDENT TOWARDS EXHIBIT P2
APPEAL
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
2.2.2024 SUBMITTED BY THE PETITIONER TO
CONDONE THE DELAY FOR FILING STATUTORY
APPEAL
