Disposed

Maideenkutty Naha v. State of Kerala, Represented by Secretary to Government

Kerala HC15 Feb 2023WP(C)/3146/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction to 3rd respondent to permit development based on Form 6. Court directed 3rd respondent to consider petitioner's application filed under Section 27B of Kerala Conservation of Paddy Land and Wetland Act, 2008, following Ext.P6 order, within two months of receiving judgment copy.

What did the court decide?

Direction to 3rd respondent to consider petitioner's application submitted under Section 27B of Kerala Conservation of Paddy Land and Wetland Act, 2008 within two months of receipt of judgment.

Maideenkutty Naha Vs State of Kerala, Represented by… — Land Acquisition | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944

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WP(C) NO. 3146 OF 2023

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PETITIONER:

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MAIDEENKUTTY NAHA
AGED 49 YEARS
S/O. ALIYAR, PUTHIKKAPARAMBIL HOUSE, KUTTILANJI,
ERAMALLUR, KOTHAMANGALAM, PIN - 686666
BY ADVS.
MILLU DANDAPANI
RONIT ZACHARIAH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN-695001

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2 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKLAM, PIN - 682030

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3 THE REVENUE DIVISIONAL OFFICER MOOVATTUPUZHA, PIN - 686669 SMT.PARVATHY.K-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.3146 OF 2023

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JUDGMENT

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Dated this the 15^th day of February, 2023

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This writ petition is filed seeking the following prayer:

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“(i) issue a writ of mandamus or such other writ, direction or order compelling the 3^rd respondent to allow Exhibit P2 granting permission to develop the land in the light of Exhibit P6, within a time frame to be fixed by this Honourable Court, affording opportunity of being heard to the petitioner.”

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that as against the rejection of Form 6 application submitted by the petitioner, the petitioner has submitted an appeal under Section 27B of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and Ext.P6 order dated 02.12.2022 was passed directing a reconsideration of the issue, taking note of the date of conversion of the property. It is submitted that no orders have been passed thereon.

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Though other contentions are raised by the learned counsel for the

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petitioner, I am of the opinion that in the light of Ext.P6 order, the

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WP(C) NO.3146 OF 2023

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application submitted by the petitioner is liable to be considered in accordance with law. There will, accordingly, be a direction to the 3^rd respondent to take up the application submitted by the petitioner as directed in Ext.P6 and to consider and pass orders on the same, taking note of all relevant aspects of the matter, within a period of two months

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from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN
JUDGE

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NP

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WP(C) NO.3146 OF 2023

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APPENDIX OF WP(C) 3146/2023

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PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK
Exhibit P2TRUE COPY OF THE FORM 6 DATED 4-3-2021
SUBMITTED TO THE 3RD RESPONDENT
Exhibit P3TRUE COPY OF THE PROCEEDINGS DATED 2-8-2021
OF THE 3RD RESPONDENT
Exhibit P4TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND
RESPONDENT
Exhibit P5TRUE COPY OF THE JUDGMENT DATED 29-7-2022 IN
W.P.(C) NO. 21506 OF 2022 OF THIS HONOURABLE
COURT
Exhibit P6TRUE COPY OF THE PROCEEDINGS DATED 02.12.2022
OF THE 2ND RESPONDENT
RESPONDENTS’ EXHIBITS: NIL

Maideenkutty Naha v. State of Kerala, Represented by Secretary to Government

Case brief

What is this about?

What did the court decide?

Maideenkutty Naha v. State of Kerala, Represented by Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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