Disposed

Bina Mathew v. Revenue Divisional Officer

Kerala HC22 Dec 2020WP(C)/28968/2020

Case brief

AI extract

What is this about?

Petitioner sought permission to utilize un-notified land for other purposes under Kerala Conservation of Paddy Land and Wetland Rules. Petitioner complained of inaction by the second respondent. Court directed second respondent to decide the pending application after providing an opportunity of hearing.

What did the court decide?

Directed second respondent to take decision on Ext.P3 application after hearing within three months.

Bina Mathew Vs Revenue Divisional Officer — Land Acquisition | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942

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WP(C).No.28968 OF 2020(U)

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PETITIONER/S:

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BINA MATHEW, AGED 67 YEARS, W/O.SRI.PHILIP MATHEW, RESIDING AT 53/1420, MANORAMA HOUSE, THEVARA, KOCHI-682013.

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BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE SHRI.ABI BENNY AREECKAL SMT.LEAH RACHEL NINAN SMT.NANDA SANAL

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KOTTAYAM, PIN-686575.

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3 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KUMARAKOM-686563.

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WP(C).No.28968 OF 2020

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4 VILLAGE OFFICER, VILLAGE OFFICE, KUMARAKOM-686563.

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SRI.PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28968 OF 2020

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W.P.(C) No.28968 of 2020

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J U D G M E N T

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Ext.P3 is an application preferred by the petitioner in Form No.6 of the Kerala Conservation of Paddy Land and Wetland Rules for permission to utilize a land held by her, which is an un-notified land in terms of the Kerala Conservation of Paddy Land and Wetland Act, 2008, for other purposes. The grievance of the petitioner in the writ petition concerns the inaction on the part of the second respondent in taking a decision on Ext.P3 application.

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2 . Heard the learned counsel for the petitioner as also the learned Government Pleader.

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3 . Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the second respondent to take up and pass appropriate orders on Ext.P3 application in accordance with law, if the same is received and pending, after affording the petitioner an opportunity of hearing. Ordered accordingly. This shall be done within three months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. If the application directed to be disposed of is found defective, the defect shall be intimated to the petitioner by the second respondent immediately on production of a copy of this

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WP(C).No.28968 OF 2020

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judgment, and the second respondent will be entitled to avail the time taken by the petitioner to cure the defects in the application also, for compliance of the directions contained in this judgment. It is made clear that the hearing in terms of this judgment can either be physical or through video conference.

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Sd/- P.B.SURESH KUMAR, JUDGE

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rkj

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WP(C).No.28968 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 22/05/2019 EXHIBIT P2 TRUE COPY OF THE LETTER DATED 23.11.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2(A) TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED AS PER ACT,2008 OF KUMARAKOM KRISHI BHAVAN.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION AS PER RULE 12(1)OF KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES ALONG WITH CHALLAN OF RS.1000/- SUBMITTED BY THE PETITIONER ON 18.12.2020 BEFORE THE 2ND RESPONDENT.

Bina Mathew v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Bina Mathew v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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