Amina Beevi vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 31, 2023

~3 min read

https://sooperkanoon.com/case/1371889

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1371889
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Jul 31, 2023
Case Number: WP(C)/21717/2023

Parties & Advocates

Appellant / Petitioner

Amina Beevi

Respondent

State of Kerala

Excerpt

.....the petitioner is also aggrieved by non-consideration of ext.p3 stay petition.2. the pleadings in the writ petition would show thatthis court by ext.p4 judgment in w.p.(c) no.21561 of 2019 had directed the 6th respondent to consider and pass orders on revision petition. the petitioner submits that so far no orders have been passed.3. government pleader, on instructions, submits thatthough there was a direction in ext.p4, the competent appellate authority is the principal secretary and agricultural production commissioner, thiruvananthapuram. perhaps that is the reason for not passing orders by the appellate authority.4. taking into consideration ext.p4 judgment of thiscourt and the issue pointed out by the government pleader, i am of the view that the writ petition can be disposed of with appropriate directions. the writ petition is therefore disposed of with the following directions:(i) the principal secretary and agriculturalproduction commissioner, thiruvananthapuram is suo motu impleaded as additional 7th respondent in this writ petition. government pleader takes notice for the additional 7th respondent.(ii) there will be a direction to the 6th respondent to place the revision petition before the additional 7th respondent within a period of two weeks.(iii) there will be a further direction to theadditional 7th respondent-agricultural production commissioner to pass appropriate orders on exts.p2 and p3 submitted by the petitioner within a further period of three months.(iv) the petitioner shall serve a copy of thewrit petition and a copy of this judgment on the additional 7th respondent for compliance. sd/- n.nagaresh judge amr appendix of wp(c) 21717/2023 petitioner’s exhibits exhibit1 the copy of the order of the 2 nd respondent district collector, thrissur, bearing no. b11/2510/2017 dated 01.07.2019. exhibit p2 the copy of the memorandum of revision petition filed by the petitioner herein before the 1 st 5 respondent herein, dated 03.08.2019......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 WP(C) NO. 21717 OF 2023 PETITIONER: AMINA BEEVI AGED 63 YEARS D/O. AMMUKUNJI, THALIKULAM HOUSE, KAIPAMANGALAM KODUNGALLOOR, THRISSUR DISTRICT, PIN: 680 681. BY ADVS. K.R.VINOD M.S.LETHA NABIL KHADER JOHN TONY AKKARA CHITHRA C.EDADAN MOHAMMED RAZALI K.A RESPONDENTS: 1 STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT ANNEX - II, THIRUVANANTHAPURAM, PIN - 695 001. 2 THE DISTRICT COLLECTOR THRISSUR DISTRICT, COLLECTORATE, THRISSUR, PIN - 680 003. 3 THE TAHSILDAR KONDUNGALLUR TALUK, TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION, N.H. 17, STAR NAGAR, PIN - 680 664. 4 THE REVENUE DIVISIONAL OFFICER IRINJALAKUDA, CIVIL STATION ANNEXE, IRINJALAKUDA PIN - 680 125. 5 THE SECRETARY KAIPAMANGALAM GRAMA PANCHAYAT, KAIPAMANGALAM, KERALA - 680681, PIN - 680 681. 6 THE PRINCIPAL AGRICULTURAL SOCIETY DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. BY ADV SMT.DEEPA N-SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31st day of July, 2023 The petitioner is aggrieved by non-consideration of Ext.P2 Revision Petition filed by the petitioner under Section 28 of the Kerala Conservation of Paddy Land and Wetland Act,

2008. The petitioner is also aggrieved by non-consideration of Ext.P3 Stay Petition.

2. The pleadings in the writ petition would show that

this Court by Ext.P4 judgment in W.P.(C) No.21561 of 2019 had directed the 6th respondent to consider and pass orders on Revision Petition. The petitioner submits that so far no orders have been passed.

3. Government Pleader, on instructions, submits that

though there was a direction in Ext.P4, the competent Appellate Authority is the Principal Secretary and Agricultural Production Commissioner, Thiruvananthapuram. Perhaps that is the reason for not passing orders by the Appellate Authority.

4. Taking into consideration Ext.P4 judgment of this

Court and the issue pointed out by the Government Pleader, I am of the view that the writ petition can be disposed of with appropriate directions. The writ petition is therefore disposed of with the following directions:

(i) The Principal Secretary and Agricultural

Production Commissioner, Thiruvananthapuram is suo motu impleaded as additional 7th respondent in this writ petition. Government Pleader takes notice for the additional 7th respondent.

(ii) There will be a direction to the 6th respondent to place the Revision Petition before the additional 7th respondent within a period of two weeks.

(iii) There will be a further direction to the

additional 7th respondent-Agricultural Production Commissioner to pass appropriate orders on Exts.P2 and P3 submitted by the petitioner within a further period of three months.

(iv) The petitioner shall serve a copy of the

writ petition and a copy of this judgment on the additional 7th respondent for compliance. Sd/- N.NAGARESH JUDGE AMR APPENDIX OF WP(C) 21717/2023 PETITIONER’S EXHIBITS Exhibit1 THE COPY OF THE ORDER OF THE 2 ND RESPONDENT DISTRICT COLLECTOR, THRISSUR, BEARING NO. B11/2510/2017 DATED 01.07.2019. Exhibit P2 THE COPY OF THE MEMORANDUM OF REVISION PETITION FILED BY THE PETITIONER HEREIN BEFORE THE 1 ST 5 RESPONDENT HEREIN, DATED 03.08.2019. Exhibit P3 THE COPY OF THE STAY PETITION FILED BY THE PETITIONER HEREIN ALONG WITH THE EXHIBIT P2 REVISION PETITION, DATED 03.08.2019. Exhibit P4 THE COPY OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO. 21561/2019 DATED 13.08.2019.

Same Court & Year Kerala · 2023 Same Parties Amina Beevi vs State of Kerala Same Judge Honourable Mr.Justice N.Nagaresh