Allowed

Yousaff C.a., v. the District Collector

Kerala HC11 Jan 2021WP(C)/695/2021

Case brief

AI extract

What is this about?

Petitioner sought permission to utilize un-notified land under Kerala Conservation of Paddy Land and Wetland Rules. Court directed the Revenue Divisional Officer to consider the pending application and pass orders after affording the petitioner an opportunity of hearing.

What did the court decide?

Second respondent to consider Ext.P3 application, afford opportunity of hearing, and pass orders within three months.

Yousaff C.a., Vs the District Collector — Land Acquisition | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

¶5

WP(C).No.695 OF 2021

¶6

PETITIONER:

¶7

YOUSAFF C.A., AGED 49 YEARS S/O. ALAVI, VARIKKODAN HOUSE, MILLUPADY, MUPPATHADAM P.O, ERNAKULAM-683 110

¶8

BY ADVS. SRI.V.A.VINOD SMT.SWAPNALEKHA K.T.

¶9

RESPONDENTS:

¶10

1 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM-682 030

¶11

2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM-682 001

¶12

3 THE TAHASILDAR, KANAYANNOOR TALUK OFFICE, ERNAKULAM-682 011

¶13

4 THE VILLAGE OFFICER, THRIKKAKARA NORTH VILLAGE OFFICE, KOONAMTHAI, PADIVATTOM, ERNAKULAM-682 024

¶14

5 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, (AGRICULTURAL OFFICER, KRISHI BHAVAN, KALAMASSERY, VADAKKODU P.O, KOCHI-682 021)

¶15

OTHER PRESENT:

¶16

GP. K.J.MANURAJ

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

W.P.(C) No.695 of 2021

¶19

¶20

W.P.(C) No.695 of 2021

¶21

J U D G M E N T

¶22

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 him, 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.

¶23

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

¶24

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

¶25

W.P.(C) No.695 of 2021

¶26

¶27

of is found defective, the defect shall be intimated to the petitioner by the second respondent immediately on production of a copy of this 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.

¶28

Sd/-

¶29

P.B.SURESH KUMAR, JUDGE.

¶30

ds 11.01.2021

¶31

W.P.(C) No.695 of 2021

¶32

¶33

APPENDIX

¶34

PETITIONER'S/S EXHIBITS:

¶35

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 18.08.2020. EXHIBIT P2 TRUE COPY OF THE EXTRACT OF DATA BANK. EXHIBIT P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 17.11.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 04.11.2020.

Yousaff C.a., v. the District Collector

Case brief

What is this about?

What did the court decide?

Yousaff C.a., v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.I.Paulose Vs Sri.B.Ashok

Thankappan Nair Vs the State of Kerala

Ajith P.P. Vs State of Kerala

Shibu K.S Alias Shobu Siddik, Vs Kerala State Election Commission

The Chief Commander, Indian Coast Guard Vs J.Sarathchandran Nair

Sakeer Vs Pallarimangalam Grama Panchayat