Kerala High Court
Devarajan vs District Collector on 8 November, 2024
WP(C) NO. 35551 OF 2024
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2024:KER:83265
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 35551 OF 2024
PETITIONER:
DEVARAJAN,
AGED 42 YEARS
NELLIPARAMBIL (H), CHOORACODE KARA,
PATIIMATTOM P.O, ERNAKULAM DISTRICT, PIN - 683562
BY ADVS.
JESTIN MATHEW
BASIL KURIAKOSE
RESPONDENTS:
1 DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD,
ERNAKULAM, PIN - 682030
2 VILLAGE OFFICER,
VILLAGE OFFICE, PATTIMATTOM,
PATTIMATTOM, KERALA, PIN - 683562
3 AGRICULTURAL OFFICER,
KRISHI BHAVAN, KIZHAKKAMBALAM,
KERALA, PIN - 683562
4 REJI,
NODIAN (H), PATIIMATTOM P.O,
ERNAKULAM DISTRICT, PIN - 683562
BY ADV MANOJ P KUNJACHAN
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35551 OF 2024
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2024:KER:83265
MOHAMMED NIAS C.P., J
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W.P(C) No. 35551 of 2024
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Dated this the 8th day of November, 2024
JUDGMENT
The prayer in the writ petition is for a direction to the 1 st respondent to take further proceedings on Ext.P5 report in terms of Section 13 of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008. An allegation of illegal reclamation was made against the 4th respondent, who filed a counter stating that his application under Form 5, Exts.R4(a) and R4(c) under the Act and rules are pending consideration before the Revenue Divisional Officer.
Accordingly, there will be a direction to the 1st respondent to decide on the further course of action pursuant to Ext.P5 with notice to the petitioner and the 4th respondent and pass orders, in accordance with law, within three months from the date of receipt of a copy of the judgment. It is made clear that I have not expressed anything on the merits of the case and it is for the 1st respondent to consider the rival contentions and decide.
Sd/-
MOHAMMED NIAS C.P. JUDGE LU WP(C) NO. 35551 OF 2024 3 2024:KER:83265 APPENDIX OF WP(C) 35551/2024 PETITIONER EXHIBITS :
EXHIBIT P1 COMPLAINT DATED 19.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P2 REPORT DATED 18.05.2023 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P3 LETTER DATED 29.05.2023 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P4 REPORT DATED 26/09/2023 SUBMITTED BY 4TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P4(A) PERFORMA OBTAINED BY THE PETITIONER UNDER RTI, ACT 2005 DATED NIL ISSUED BY THE 4TH RESPONDENT EXHIBIT P4(B) RELEVANT PAGES OF THE DATA BANK OF PATTIMATTOM VILLAGE OBTAINED BY THE PETITIONER UNDER RTI ACT 2005 DATED NIL ISSUED BY THE 4TH RESPONDENT EXHIBIT P5 REPORT DATED 06.03.2024 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT P6 REPRESENTATION DATED 12.06.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT RESPONDENT EXHIBITS :
EXHIBIT R4(A) TRUE COPY OF THE APPLICATION BEARING NO.
1/2024/2189606 AS FAR AS PROPERTIES COMPRISED IN SURVEY NUMBERS 367/13, 367/3 AND 367/4 DATED 13/09/2024 EXHIBIT R4(B) TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF EXT R4(A) BEARING NO. KL07050409770/2024 DATED 13/09/2024 EXHIBIT R4(C) TRUE COPY OF THE APPLICATION BEARING NO.
2/2024/2189606 AS FAR AS PROPERTIES COMPRISED IN SURVEY NUMBER 367/2 DATED 13/09/2024 EXHIBIT R4(D) TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF WP(C) NO. 35551 OF 2024 4 2024:KER:83265 EXT R4(C) BEARING NO. KL07050409771/2024 DATED 13/09/2024 // True Copy // PA To Judge