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2025 DAILYLAW 4958 (KER)

LEENA KAPPAKADAVATH, v. THE DISTRICT COLLECTOR KOZHIKODE,

WP(C)/11284/2025 · 2025-03-28

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27067 WPC.No.11284/25 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO.11284 OF 2025 PETITIONERS: LEENA KAPPAKADAVATH, AGED 66 YEARS, W/O.VALAVIL SIVADAS, SHIVAS, POOZHITHALA, AZHIYUR, KOZHIKODE, PIN – 673 309. BY ADVS. SHERRY J. THOMAS E.K.AVINASH JOEMON ANTONY ANTONY NILTON REMELO RENISH RAVEENDRAN RESPONDENTS: 1 THE DISTRICT COLLECTOR KOZHIKODE, WAYANAD ROAD, CIVIL STATION, ERANHIPALAM, KOZHIKODE, PIN – 673 020. 2 THE REVENUE DIVISIONAL OFFICER VADAKARA, REVENUE DIVISION OFFICE, NEAR PWD REST HOUSE, OLD BUS STAND, VADAKARA, KERALA, PIN – 673 101. 3 TAHSILDAR (LR) , TALUK OFFICE VADAKARA,MINI CIVIL STATION, COURT ROAD,BADAGARA,VADAKARA,KERALA, PIN – 673 104. 4 THE VILLAGE OFFICER, AZHIYUR VILLAGE OFFICE, AZHIYUR, VADAKARA TALUK, 2025:KER:27067 WPC.No.11284/25 2 KERALA, PIN – 673 310. 5 THE AGRICULTURAL OFFICER, KRISHIBHAVAN, AZHIYUR, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN – 673 308. 6 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN, AZHIYUR, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN – 673 308. Smt.Deepa.V, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27067 WPC.No.11284/25 3 JUDGMENT The petitioner is aggrieved by the inaction on the part of the 2nd respondent in reconsidering the application submitted by the petitioner in Form-6 in tune with the directions issued by the 1st respondent as per Ext.P3. Ext.P3 order was issued by the 1st respondent on the appeal submitted by the petitioner against an order earlier issued by the 2nd respondent rejecting the Form-6 application of the petitioner. As per Ext.P3, the said order was set aside and the matter was directed to be reconsidered by the 2nd respondent. According to the petitioner, even though Ext.P3 order was passed on 18.11.2024, no order is so far passed. It is further pointed out that, as per Ext.P5, a report is already submitted by the Village Officer before the 2nd respondent, for processing the application. 2. After considering all the relevant aspects, I am of the view that there is no justification in not passing any orders on the application of the petitioner, in the light of Ext.P3 order. In such circumstances, this writ petition is disposed of 2025:KER:27067 WPC.No.11284/25 4 directing the 2nd respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy land and Wetland Act, 2008 to pass fresh orders on the Form-6 application submitted by the petitioner as directed by the 1st respondent in Ext.P3. Such an order shall be passed within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/28.3.25 2025:KER:27067 WPC.No.11284/25 5 APPENDIX OF WP(C) 11284/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 42170/2023 DATED 15-12-2023 Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN CON. CASE (C) NO. 2544/2024 DATED 21-11-2024 Exhibit P3 THE TRUE COPY OF THE PROCEEDINGS OF 1ST RESPONDENT DATED 18-11-2024 Exhibit P4 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT DATED 22-11-2024 Exhibit P5 THE TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER SUBMITTED BEFORE THE 2ND RESPONDENT DATED 23-01-2025