The High Court directed the District Collector to expedite consideration and disposal of the petitioner's pending appeal under Section 27B of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, despite a request to withdraw it.
Direction to 1st respondent to consider and pass orders on the petitioner's appeal on merits within four months.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 2346 OF 2023
PETITIONER:
GEETHA AGED 38 YEARS W/O SAJEEV, KANNAMNAGALATH, PATTIKAD P.O. CHEMBUTHARA, PIN - 680652
BY ADVS. V.M.SYAM KUMAR SNEHA RAJIV KRIPA ELIZABETH MATHEWS
RESPONDENTS:
1 DISTRICT COLLECTOR- THRISSUR COLLECTORATE, CIVIL STATION, CIVIL LINES RD, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2346 OF 2023
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JUDGMENT
Dated this the 3rd day of February, 2023
This writ petition is filed seeking the following reliefs:-
a) issue a writ of Mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and dispose of in accordance with law the appeal preferred by the petitioner evidenced by Ext. P10 receipt dated 01.04.2022 bearing No.B3/364997/2022 expeditiously.
WP(C) NO. 2346 OF 2023
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receipt of the appeal and the deposit of the appeal fee.
that the appeal preferred by the petitioner can be considered on merits.
In the above view of the matter, there will be a direction to the 1st respondent to take up the appeal preferred by the petitioner as evidenced by Exts.P8 and P9 and to consider and pass orders on the same on merits, after hearing the petitioner also. Appropriate orders shall be passed within a period of four months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
ska
WP(C) NO. 2346 OF 2023
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APPENDIX OF WP(C) 2346/2023
| PETITIO | NER EXHIBITS | |
|---|---|---|
| Exhibit | P1 | TRUE COPY OF THE SETTLEMENT DEED DTD. 27.09.2019 BEARING NO.1782/I/2019 OF SRO KUTTANELLUR |
| Exhibit | P2 | TRUE COPY OF THE CORRECTION DEED NUMBERED 1030/I/2020 |
| Exhibit | P3 | TRUE COPY OF THE LATEST LAND TAX |
| Exhibit | P4 | PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER |
| Exhibit | P5 | TRUE COPY OF THE APPLICATION DTD.19.04.2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT |
| Exhibit | P6 | TRUE COPY OF CHALLAN DTD.28.04.2021 ISSUED TO THE PETITIONER ON ACCEPTANCE OF THE APPLICATION |
| Exhibit | P7 | TRUE COPY OF THE ORDER DTD.15.03.2022, NUMBERED B7-8126/2021 ISSUED BY THE 2ND RESPONDENT |
| Exhibit | P8 | TRUE COPY OF THE RECEIPT DTD.01.04.2022 BEARING NO.B3/364997/2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER |
| Exhibit | P9 | TRUE COPY OF THE CHALAN DTD.31.03.2022 |
| Exhibit | P10 | TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DTD.27.07.2022 BEARING NUMBER B3 405966/22 |
| Exhibit | P11 | TRUE COPY OF THE PETITION DTD. 11.01.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT |
| Exhibit | P12 | TRUE COPY OF THE RECEIPT DTD.11.01.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT |
3 issues framed by the court
Whether the High Court should direct the respondents to consider and dispose of the petitioner's appeal under Section 27B on merits.
Whether the petitioner's request for withdrawal of the appeal affected the institution of the appeal.
Whether appropriate orders on the appeal should be passed within a specified period.
1 provisions across 1 enactments
Geetha
District Collector, Thissur
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
