Dr.K.M.Nazar vs W.P.(C) No.19478 Of 2020 2 on 22 September, 2020

[Cites 1, Cited by 1]

Kerala High Court

Dr.K.M.Nazar vs W.P.(C) No.19478 Of 2020 2 on 22 September, 2020

Bench: P.B.Suresh Kumar

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA,
                          1942

                  WP(C).No.19478 OF 2020(H)


PETITIONERS:

     1       DR.K.M.NAZAR, AGED 56 YEARS
             S/O. LATE MOIDEENKUTTY, RESIDING AT KARUKAP-
             PADATH HOUSE, U.C. COLLEGE P.O, KADUNGALLUR,
             ALUVA, ERNAKULAM DISTRICT.

     2       MUHAMMED,
             S/O. ABDUL KHADAR, RESIDING AT KOMBANEZHATHU
             HOUSE, VALLIVATTOM KARA, VELLANGALLUR P.O,
             ERNAKULAM DISTRICT.

     3       K.M. NAZEEM,
             D/O. MOIDEENKUTTY, RESIDING AT KARUKAPADATH
             HOUSE, U.C. COLLEGE P.O, KADUNGALLUR, ALUVA,
             ERNAKULAM DISTRICT.

     4       DR. NAVAS,
             S/O. LATE MOIDEENKUTTY, RESIDING AT KARUKAPA-
             DATH HOUSE, U.C. COLLEGE P.O, KADUNGALLUR,
             ALUVA, ERNAKULAM DISTRICT.

     5       SALEENA NAVAS,
             W/O. NAVAS, RESIDING AT KARUKAPADATH HOUSE,
             U.C. COLLEGE P.O, KADUNGALLUR, ALUVA, ERNAKU-
             LAM DISTRICT.

     6       SABEENA,
             W/O. DR. NAZAR, RESIDING AT KARUKAPADATH
             HOUSE, U.C. COLLEGE P.O, KADUNGALLUR, ALUVA,
             ERNAKULAM DISTRICT.

             BY ADVS.
             SRI.ANOOP.V.NAIR
             SHRI.NIKITHA ANTONY

RESPONDENTS:
 W.P.(C) No.19478 of 2020        2


       1      STATE OF KERALA,
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              DEPARTMENT OF REVENUE, GOVT. SECRETARIAT,
              THIRUVANANTHAPURAM-695 001

       2      THE DISTRICT COLLECTOR,
              COLLECTORATE, ERNAKULAM DISTRICT-682 030.

       3      THE REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE RDO, FORT KOCHI, ERNAKULAM DIS-
              TRICT-682001

       4      THE LOCAL LEVEL MONITORING COMMITTEE,
              KUNNUKARA GRAMA PANCHAYAT, ERNAKULAM DIS-
              TRICT-683 513, REPRESENTED BY ITS CONVENER.

       5      THE AGRICULTURAL OFFICER,
              KUNNUKARA VILLAGE, PARAVUR TALUK,
              ERNAKULAM DISTRICT-683513

       6      THE VILLAGE OFFICER,
              PUTHENVELIKKARA VILLAE, PARAVUR TALUK,
              ERNAKULAM DISTRICT-683 513


OTHER PRESENT:

              GP. PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR AD-
MISSION ON 22.09.2020, THE COURT ON THE SAME DAY DELIV-
ERED THE FOLLOWING:
 W.P.(C) No.19478 of 2020                  3


                       W.P.(C) No.19478 of 2020
                 -----------------------------------------------


                              JUDGMENT

Ext.P8 series are the applications preferred by the peti-

tioners in Form No.7 of the Kerala Conservation of Paddy Land and Wetland Rules for permission to utilize a land held by them, 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 petitioners in the writ petition concerns the inaction on the part of the third respondent in taking a decision on Ext.P8 series appli-

cations.

2. Heard the learned counsel for the petitioners 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 di-

recting the third respondent to take up and pass appropriate or-

ders on Ext.P8 series applications in accordance with law, if the same are received and pending, after affording the petitioners 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 petitioners.

If the applications directed to be disposed of are found defective, W.P.(C) No.19478 of 2020 4 the defect shall be intimated to the petitioners by the third respon-

dent immediately on production of a copy of this judgment, and the third respondent will be entitled to avail the time taken by the petitioners to cure the defects in the applications also, for compli-

ance of the directions contained in this judgment.

sd/-

P.B.SURESH KUMAR, JUDGE.

ds W.P.(C) No.19478 of 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT NO. KL07030903512/20 DATED 22.05.2020 IN RESPECT OF THE PROPERTIES IN THE NAME OF 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT NO. KL07030903224/20 DATED 19.05.2020 IN RESPECT OF THE PROPERTIES IN THE NAME OF 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT NO. KL07030903276/20 DATED 20.05.2020 IN RESPECT OF THE PROPERTIES IN THE NAME OF 3RD PETITIONER.

EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT NO. KL07030903274/20 DATED 20.05.2020 IN RESPECT OF THE PROPERTIES IN THE NAME OF 4TH PETITIONER.

EXHIBIT P5 TRUE COPY OF THE BASIC TAX RECEIPT NO. KL07030903225/20 DATED 20.05.2020 IN RESPECT OF THE PROPERTIES IN THE NAME OF 5TH PETITIONER.

EXHIBIT P6 TRUE COPY OF THE BASIC TAX RECEIPT NO. KL07030903279/20 DATED 20.05.2020 IN RESPECT OF THE PROPERTIES IN THE NAME OF 6TH PETITIONER.

EXHIBIT P7 TRUE COPY OF THE INTIMATION LETTER BEARING NO. KNK 9/20-21 RECEIVED BY THE PETITIONERS FROM THE 4TH RESPON- DENT DATED 19.06.2020.

EXHIBIT P8 TRUE COPY OF THE APPLICATION SUBMIT-

TED UNDER FORM 7 BEFORE THE 3RD RE- SPONDENT BY THE 1ST PETITIONER DATED 06.07.2020 BY PAYING THE REQUISITE FEES, AND THE ACKNOWLEDGEMENT RECEIPT DATED 26.06.2020.

W.P.(C) No.19478 of 2020 6

EXHIBIT P8(A) TRUE COPY OF THE APPLICATION SUBMIT-