Smithesh Mr vs State Of Kerala
2024 Latest Caselaw 14429 Ker

Kerala High Court

Smithesh Mr vs State Of Kerala on 31 May, 2024

W. P. (C) No. 17880 of 2024

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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                              WP(C) NO. 17880 OF 2024
PETITIONER:

              SMITHESH MR, AGED 39 YEARS,
              S/O RAJU AN, AMBITHARA HOUSE,
              KULASHEKARAMANGALAM, VAIKOM, KOTTAYAM DISTRICT,
              PIN - 686608.

               BY ADV. SRI. V.VISAL AJAYAN


RESPONDENTS:

      1       STATE OF KERALA,
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              DEPARTMENT OF AGRICULTURE, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001.

      2       REVENUE DIVISIONAL OFFICER,
              MINI CIVIL STATION, PALA BYPASS ROAD, PALA,
              KERALA, PIN - 686575.

      3       LOCAL LEVEL MONITORING COMMITTEE,
              REPRESENTED BY ITS CONVENER AGRICULTURAL
              OFFICER, AGRICULTURE OFFICE KULASHEKARAMANGALAM,
              KOTTAYAM DISTRICT, PIN - 686608.

      4       VILLAGE OFFICER,
              KULASHEKARAMANGALAM, MARAVANTHURUTHU KOTTAYAM
              DISTRICT, PIN - 686608.

      5       THE DISTRICT COLLECTOR,
              KOTTAYAM-KUMALI ROAD, COLLECTORATE, KOTTAYAM,
              PIN - 686002.
 W. P. (C) No. 17880 of 2024

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               SMT.AMMINIKUTTY K, SR.GP


        THIS     WRIT         PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION        ON    31.05.2024,       THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 17880 of 2024

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                    MOHAMMED NIAS C. P. , J.
            ======================================
                              W. P. (C) No. 17880 of 2024
            ======================================
                       Dated this the 31st day of May, 2024


                                   JUDGMENT

The petitioner has preferred Ext.P3 appeal challenging Ext.P2

order by which his application under Form-6 of the Kerala Conservation

of Paddy Land and Wetland Act and Rules, 2008, (for short, 'the Act and

the Rules') was rejected.

2. The learned Government Pleader submits that the petitioner

remitted the requisite fee only yesterday.

3. In view of the filing of Ext.P3 appeal challenging Ext.P2 order,

there will be a direction to the 5 th respondent District Collector to

consider Ext.P3 appeal and pass orders, after hearing the petitioner,

within three months from the date of receipt of a copy of this judgment. It

will be open to the petitioner to produce such documents before the

District Collector to substantiate his contentions, which will be adverted

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to while considering the appeal.

The Writ Petition is disposed of as above.

Sd/-

MOHAMMED NIAS C. P., JUDGE MMG

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APPENDIX OF WP(C).NO.17880/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FORM 6 APPLICATION DATED 24.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 1.02.2023

EXHIBIT P3 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER WITH THE 5TH RESPONDENT DATED 10.05.2024