The High Court of Kerala directed the 2nd respondent to consider and pass orders on the petitioner's Form-6 application under the Kerala Conservation of Paddy Land and WetLand Act, 2008, within six weeks after hearing.
Direction to the 2nd respondent to consider and pass orders on Ext.P2 application within six weeks, ascertaining if the land is unnotified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
WP(C).No.2722 OF 2021(M)
PETITIONER:
SUKUMARAN
AGED 61 YEARS S/O.VELU,THOPPIL HOUSE,CHAIPPANKUZHI, KODASSERY,THRISSUR-680724.
BY ADV. SHRI.N.KRISHNA RAJA MAULI
RESPONDENTS:
BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.2722 of 2021
2
JUDGMENT
The petitioner has preferred Ext.P2 application before the 2nd respondent in Form-6 under the Rules framed under 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 2nd respondent to consider and pass orders on the same, expeditiously, after hearing the petitioner.
2.I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents.
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 2nd respondent to consider and pass orders on Ext.P2 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 2nd 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 2nd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns/03.02.2021
W.P(C).No.2722 of 2021
3
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 TRUE COPY 13.11.2020 |
OF THE TAX RECEIPT DATED |
|---|---|---|
| EXHIBIT | P2 TRUE COPY BEFORE T 09.12.2020 |
OF THE APPLICATION UNDER FORM 6 HE 2ND RESPONDENT DATED |
| EXHIBIT | P3 TRUE COPY PAYMENT OF |
OF THE CHALLAN EVIDENCING STATUTORY FEE DATED 23.11.2020 |
| EXHIBIT | P4 TRUE COPY DATED 09. RESPONDENT |
OF THE RECEIPT NO.B6/13394/2020 12.2020 ISSUED BY THE 2ND |
| EXHIBIT | P5 TRUE COPY ISSUED BY RESPONDENT |
OF THE LETTER DATED 09.12.2020 THE 2ND RESPONDENT TO THE 4TH |
| EXHIBIT | P6 TRUE COPY ISSUED BY RESPONDENT |
OF THE LETTER DATED 09.12.2020 THE 2ND RESPONDENT TO THE 5TH . |
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
1 issue framed by the court
Whether a direction should be issued to the 2nd respondent to expeditiously pass orders on a Form-6 application filed under the Kerala Conservation of Paddy Land and WetLand Act, 2008.
2 provisions across 2 enactments
Sukumaran
The District Collector
The Revenue Divisional Officer
The Tahsildar
The Village Officer
The Local Level Monitoring Committee
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
