Kerala High Court
Johnson K.B vs State Of Kerala on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 7859 OF 2017
PETITIONER:
JOHNSON K.B.
AGED 53 YEARS, S/O.BENEDICT, KALATHIPARAMBIL
HOUSE, KIDANGOOR.P.O., ERNAKULAM DISTRICT-683 572
BY ADVS.
SRI.AVANEESH KOYIKKARA
SRI.LINDONS C.DAVIS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DISTRICT COLLECTOR
ERNAKULAM CIVIL STATION, KAKKANAD.P.O.,ERNAKULAM
DISTRICT-682 030
3 AGRICULTURAL OFFICER & CONVENOR
LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN,
MOOKKANNOR, ERNKAULAM DISTRICT- 683 572
BY ADVS.
BY ADV.SRI.RIYAL DEVASSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.7859 of 2017
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 7859 of 2017
------------------------------------------------------
Dated this the 11th day of April, 2024.
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
"i. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to Consider and pass orders on Ext. P2 within a time frame fixed by this Hon'ble court.
ii. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to permit petitioner for utilizing the land for the purposes other than Cultivation.
iii. To declare that the petitioner's property is not a paddy land and therefore the petitioner is entitled to utilize the land for purposes other than agriculture.
iv. And to pass such other appropriate W.P.(C) No.7859 of 2017 3 orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."[SIC]
2. The main prayer in this Writ petition is to issue a direction to the 2nd respondent to consider and pass orders on Ext.P2 application submitted by the petitioner. In the light of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, the petitioner has got a remedy to change the nature of the land.
Granting liberty to the petitioner to do the needful in accordance with the Kerala Conservation of Paddy Land and Wet Land Act, 2008, this Writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) No.7859 of 2017 4 APPENDIX OF WP(C) 7859/2017 PETITIONER EXHIBITS P1 TRUE COPY OF LETTER DATED 21.2.2017 OF AGRICULTURAL OFFICER, MOOKKANNOR ALONG WITH RELEVANT PAGE OF DATA BANK REGISTER P2 TRUE COPY OF APPLICATION AS PER KLU ORDER DATED 4.2.2017 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE