Disposed

Sageer, v. the State of Kerala

Kerala HC25 Jan 2021WP(C)/1863/2021

Case brief

AI extract

What is this about?

In WP(C).No.1863 of 2021, the Kerala High Court directed the Revenue Divisional Officer to consider a Form-6 application under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, and pass orders within six weeks, including ascertaining if the land is unnotified.

What did the court decide?

Direction to the 3rd respondent to consider and pass orders on Ext.P1 application within six weeks, ascertain if land is unnotified.

Sageer, Vs the State of Kerala — Landlord and Tenant | Kerala HC (2021)

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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 A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

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WP(C).No.1863 OF 2021

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PETITIONER/S:

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SAGEER, AGED 45 YEARS S/O MUHAMMED, MUDAVANKATTIL HOUSE, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, VALLIVATTOM P.O.THRISSUR DISTRICT, PIN-680 682.

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BY ADVS. SRI.JITHIN BABU A SRI.ARUN SAMUEL

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNEMNT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, 1ST FLOOR, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR DISTRICT, PIN-680 003.

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3 THE REVENUE DIVISIONAL OFFICER, CIVIL STATION ANNEXE, IRINJALAKUDA, THRISSUR DISTRICT, PIN-680 125.

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4 THE VILLAGE OFFICER, VADAKKUMKARA VILLAGE, VELLANGALLUR, THRISSUR DISTRICT, PIN-680 662.

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OTHER PRESENT:

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GP: PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1863 OF 2021

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JUDGMENT

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The petitioner has preferred Ext.P1 application before the 3^rd respondent in Form-6 under the Rules of the Kerala Conservation of Paddy Land and WetLand Act, 2008 [hereinafter referred to as the “2008 Act”]. The limited prayer in the writ petition is for a direction to the 3^rd respondent to consider and pass orders on the same, expeditiously, after hearing the petitioner.

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2.I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents.

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On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition by directing the 3^rd respondent to consider and pass orders on Ext.P1 application within an outer time limit of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that the 3^rd respondent shall ascertain whether the land in question is unnotified land for the purposes of the Act. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3^rd respondent, for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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WP(C).No.1863 OF 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE APPLICATION DATED 20.10.2020 SUBMITTED BY THE PETITIONER UNDER SECTION 27A OF THE ACT EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 28.10.2020 ISSUED BY THE 3RD RESPONDENT EVIDENCING THE SUBMISSION OF THE AFORE APPLICATION EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE BEFORE THE 3RD RESPONDENT DATED 30.11.2020 EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 4.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Sageer, v. the State of Kerala

Case brief

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Sageer, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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