Kerala High Court
St.George Jacobite Syrian Chapel vs The District Collector on 14 December, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.27723 OF 2020(M)
PETITIONER:
ST.GEORGE JACOBITE SYRIAN CHAPEL
REPRESENTED BY ITS VICAR FR.ELDHO VARGHESE,
THRUVAVOOR P.O., THURVOOR VILLAGE, ANGAMALI,
PIN-683 572.
BY ADVS.
SRI.T.P.SAJAN
SRI.B.PRASANTH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
ERNAKULAM, COLLECTRATE, CIVIL STATION,
KAKKANAD,
PIN-682 030.
2 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, PIN-682 001.
3 THE SECRETARY, THURVAOOR GRAMA PANCHAYATH,
THURVAOOR P.O., ANKAMALI, PIN-683 572.
4 LOCAL LEVEL MONITORING COMMITTEE,
REP. BY THE AGRICULTURAL OFFICER,
THURVAOOR GRAMA PANCHAYATH, THURVAOOR P.O.,
ANKAMALI, PIN-683 572.
5 AGRICULTURAL OFFICER,
THURVAOOR GRAMA PANCHAYATH, THURVAOOR P.O.,
ANKAMALI, PIN-683 572.
6 THE VILLAGE OFFICER,
THURVAOOR VILLAGE OFFICE, THURVAOOR P.O.,
ANKAMALI, PIN-683 572.
SRI.K.J.MANURAJ - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27723 OF 2020(M)
2
W.P.(C) No.27723 of 20
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JUDGMENT
Ext.P5 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.P5 application.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
3. 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.P5 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 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 WP(C).No.27723 OF 2020(M) 3 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.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV WP(C).No.27723 OF 2020(M) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 18.03.2017 SUBMITTED BY THE PETITIONER CHAPEL BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 TUE COPY OF JUDGMENT DATED 10.07.2018 IN WPC NO.4126/2018.
EXHIBIT P3 TRUE COPY OF THE REPORT FOR THE VILLAGE OFFICER DATED 29.03.2017.
EXHIBIT P3 A TRUE COPY OF THE REPORT OF THEA GRICULTURE OFFICER DATED 07.02.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER VIDE REFERENCE 1/2689/2018 DATED 06.04.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE APPLICATION AND THE RECEIPT THERE OF VIDE REFERENCE NO.K1/257336/19 DATED 25.04.2019.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION VIDE REF NO.K1/16942019 DATED 03.05.2019.
EXHIBIT P7 TRUE COPY OF THE REMINDER REPRESENTATION DATED 27.08.2019 FILED BY PETITIONER. EXHIBIT P8 TRUE COPY OF THE REPORT OF THE VILALGE OFFICE VIDE REF.NO.173/19 DATED 01.06.2019. EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE LLMC MEETING DATED 25.11.2019.
EXHIBIT P10 TRUE COPY OF THE REPORT OF THE KSREC DATED 11.10.2019.
EXHIBIT P11 TRUE COPY OF THE LAST OF SUCH REMINDER APPLICATION DATED 03.1.2020 FILED BY THE PETITIONER.