Mananchira Township Complex Pvt.Ltd vs The Revenue Divisional Officer

Kerala High Court

Mananchira Township Complex Pvt.Ltd vs The Revenue Divisional Officer on 14 May, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR. JUSTICE T.R.RAVI
                               &
      THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
 TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                       WA NO.667 OF 2024
               AGAINST THE JUDGMENT DATED 11.04.2024
                   IN WP(C) NO.12449 OF 2024
                             -----
APPELLANT:

         MANANCHIRA TOWNSHIP COMPLEX PVT.LTD.,
         A COMPANY INCORPORATED UNDER THE COMPANIES ACT,
         2013 REGISTERED OFFICE AT VII/705D, NH 47,
         BYE-PASS, KUNDANNUR JUNCTION, MARADU P.O.,
         KOCHI, REPRESENTED BY ITS PROJECT MANAGER,
         JOSEPH MARIADAS, S/O. JOSEPH, AGED 61 YEARS,
         PIN - 682304.

         BY ADVS.
         BINOY VASUDEVAN
         RINCY KHADER
         SREEJITH SREENATH



RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         CIVIL STATION, AYYANTHOLE, THRISSUR,
         PIN - 680003.

    2    THE AGRICULTURAL OFFICER,
         KRISHI BHAVAN, MARATHAKKARA (P.O),
         THRISSUR DISTRICT, PIN - 680306.

THIS WRIT      APPEAL HAVING    COME UP    FOR    ADMISSION ON
14.05.2024,    THE COURT ON    THE SAME    DAY   DELIVERED THE
FOLLOWING:
 W.A.No.667 of 2024                   2



                                JUDGMENT

T.R.Ravi, J.

The only grievance of the appellant, who was the petitioner before the learned Single Judge, is that while directing the 1 st respondent to consider and pass orders on Ext.P14 application, the learned Single Judge has also prescribed the manner in which the authority should act, thus taking away the liberty of the 1 st respondent to act in accordance with the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, the 'Act') and the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for short, the 'Rules'). In the above circumstances, we dispose of this writ appeal with the following clarifications:

i. The 1st respondent may consider and pass orders on Ext.P14 application within three months from the date of receipt of a copy of this judgment and while doing so, he is free to take such steps required under the Act and the Rules.

ii. If the reports from the KSREC and the Agricultural Officer are not required, the Revenue Divisional Officer is free to proceed without the reports.

Sd/-

T.R.RAVI, JUDGE Sd/-

HARISANKAR V. MENON JUDGE ln