Asoka Rajan vs The State Of Kerala

Kerala High Court

Asoka Rajan vs The State Of Kerala on 22 May, 2024

W. P. (C) No. 35284 of 2023

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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                              WP(C) NO. 35284 OF 2023
PETITIONER:

               ASOKA RAJAN, ,
               AGED 62 YEARS
               S/O KARTHYAYINI, VELLOOPARAMBIL, KARUVATTA
               VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA
               DISTRICT, PIN - 690517.

               BY ADVS.M/S.ABRAHAM MATHEW (VETTOOR) & ANIL ABEY
               JOSE



RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE PRINCIPAL SECRETARY TO
               GOVERNMENT, REVENUE DEPARTMENT, GOVT.
               SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

      2        THE DISTRICT COLLECTOR,
               ALAPPUZHA DISTRICT, PIN - 688001.

      3        THE REVENUE DIVISIONAL OFFICER,
               CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121.

      4        TAHASILDAR,
               KARTHIKAPALLY TALUK, HARIPPAD, ALAPPUZHA
               DISTRICT, PIN - 690514.
 W. P. (C) No. 35284 of 2023

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      5          THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE
                 (LLMC),
                 (AGRICULTURAL OFFICER), KARUVATTA, ALAPPUZHA
                 DISTRICT, PIN - 690513.

      6          THE VILLAGE OFFICER,
                 KARUVATTA, ALAPPUZHA DISTRICT, PIN - 690513.

                 SMT.AMMINIKUTTY K, SR.GP


          THIS    WRIT        PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION         ON   22.05.2024,       THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 35284 of 2023

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                              MOHAMMED NIAS C. P. , J.

                         =========================
                              W. P. (C) No. 35284 of 2023
                         =========================
                        Dated this the 22nd day of May, 2024



                                   JUDGMENT

The Writ Petition is filed with the following prayers:

"

i. Issue a writ of mandamus or other appropriate writ, orders or direction commanding the 5th respondent to take up Form 5 application submitted by the petitioner as evidenced by Ext.P4 receipt for due consideration in accordance with law and pass appropriate orders thereon on making due site inspection and collecting other relevant materials.

ii. Issue a writ of certiorari or any other appropriate writ, direction or order, quashing Ext. P13 order passed by the 2nd respondent. iii. Alternatively, keep in abeyance the operation and implementation of Ext.P13 order pending consideration of Form 5 application as evidenced by Ext.P4 receipt invoking Rule 4(d) of Kerala Conservation of Paddy Land and Wet Land Rules, 2008.

iv. Issue such other and necessary orders which are deem fit and proper to secure the ends of justice.

v. Dispense with production of English translation of the documents in malayalam. "

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2. It is seen that Ext.P-13 is an order passed by the District Collector, ordering restoration under Sec.13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'The Act'). The petitioner has an efficacious alternate remedy under Sec.28 of the Act before the Government. Without prejudice to any of the contentions raised by the petitioner in this case, the writ petitioner is directed to avail the alternate remedy.

3. The interim order granted by this Court will continue for one month. The time taken for pursuing this writ petition namely from 25.10.2023 up till today shall be excluded while computing the period of limitation for availing the alternate remedy.

The Writ Petition is disposed of accordingly.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG W. P. (C) No. 35284 of 2023 ..5..

APPENDIX OF WP(C).NO.35284/2023 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 2172 OF 2014 OF THE SRO HARIPAD DATED 10- 09-2014.

EXHIBIT P2 A TRUE COPY OF THE BASIC TAX RECEIPT NO. KL04044801749/2023 ISSUED BY THE VILLAGE OFFICER, KARUVATTA DATED 20- 04-2023 EXHIBIT P3 A TRUE COPY OF THE FIELD PLAN IN RESPECT OF FIELD NO. 262, BLOCK NO. 3 OF KARUVATTA VILLAGE, KARTHIKAPALLY TALUK.

EXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED IN FAVOR OF THE PETITIONER FROM THE AGRICULTURAL OFFICE, KARUVATTA DATED 24-08-2017 EXHIBIT P5 A TRUE COPY OF NOTICE ISSUED BY THE 6TH RESPONDENT DATED 24-08-2022 EXHIBIT P6 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT DATED 22-10-2022 EXHIBIT P7 A TRUE COPY WRITTEN SUBMISSION MADE BY THE PETITIONER TO THE 2ND RESPONDENT DATED 25-10-2022 EXHIBIT P8 A TRUE COPY OF THE PHOTOGRAPHS PRODUCED BY THE PETITIONER BEFORE THE 2ND RESPONDENT W. P. (C) No. 35284 of 2023 ..6..

EXHIBIT P9                    A TRUE COPY OF THE INTIMATION ISSUED
                              BY   THE   2ND    RESPONDENT TO  THE
                              PETITIONER DATED 12-11-2022

EXHIBIT P10                   A TRUE COPY OF THE RECEIPT FOR PAYMENT

OF FEE OF RS. 1500/- DATED 12-12-2022 EXHIBIT P11 A TRUE COPY OF REPORT REGARDING LAND USE/COVER CHANGE DETECTION REPORT AND MAPS OF SURVEY PLOT IN 262/1 AND 262/2 OF KARUVATTA VILLAGE, KARTHIKAPALLY TALUK EXHIBIT P12 A TRUE COPY OF THE RECEIPT DATED 28- 03-2023 ISSUED TO THE PETITIONER ON SUBMISSION OF EXT P11 REPORT EXHIBIT P13 A TRUE COPY OF THE ORDER NO.

DCALP/8634/2022/C8 DATED 29-07-2023 PASSED BY THE 2ND RESPONDENT AND SERVED ON THE PETITIONER ON 04-08-2023