Vijayan C @ Raghavan vs State Of Kerala
2021 Latest Caselaw 17145 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
      FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                         WP(C) NO. 16726 OF 2021
PETITIONERS:

     1      VIJAYAN C @ RAGHAVAN,AGED 72 YEARS
            S/O.DEVAKY AMMA, 2/751-"SREYASS", CHERUVARA HOUSE,
            (PRESIDENT, KUTTANKULANGARA DEVASWAM, DEVASWAM OFFICE,
            TEMPLE LANE, HARI NAGAR), POONKUNNAM VILLAGE, DESOM,
            POONKUNNAM P.O., THRISSUR DT. 680 002

     2      SAJEEV KUMAR T.R.,AGED 46 YEARS,S/O.RAMAN EZHUTHACHAN,
            THAZHATHUVALAPPIL HOUSE, (SECRETARY, KUTTANKULANGARA
            DEVASWAM, DEVASWAM OFFICE, TEMPLE LANE, HARI NAGAR),
            POONKUNNAM VILLAGE, DESOM, POONKUNNAM P.O.,
            THRISSUR DT. 680 002

            BY ADV SHOBY K.FRANCIS


RESPONDENTS:

     1      STATE OF KERALA,REP.BY PRINCIPAL SECRETARY TO GOVT.
            AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM PIN CODE 695 001

     2      AGRICULTURAL PRODUCTION COMMISSIONER AND SECRETARY
            TO GOVT. AGRICULTURAL DEPARTMENT, GOVT. SECRETARIATE,
            THIRUVANANTHAPURAM PIN CODE 695 001

     3      DISTRICT COLLECTOR,COLLECTORATE, AYYANTHOLE P.O.,          THRISSUR
            680 003

     4      REVENUE DIVISIONAL OFFICER
            OFFICE OF RDO, THRISSUR, THRISSUR DT. 680 003

     5      LOCAL LEVEL MONITORING COMMITTEE
            OF CHOWANNUR GRAMA PANCHAYATH, REP.BY ITS CONVENER,
            AGRICULTURAL OFFICER, CHOWANNUR KRISHI BHAVAN,      CHOWANNUR
            PO, THRISSUR DT. 680 517

     6      AGRICULTURAL OFFICER,CHOWANNUR KRISHI BHAVAN,
            CHOWANNUR PO, THRISSUR DT. 680 517

     7      VILLAGE OFFICER,CHEMMANTHATTA VILLAGE, CHEMMANTHATTA P.O.,
            THRISSUR 680 517, THRISSUR DT.

            GP SRI.M.H.HANIL KUMAR


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16726 OF 2021
                                 2



                            JUDGMENT

Finding illegal reclamation of paddy land, the

3rd respondent passed Ext P1 order in terms of

Section 13 of the Kerala Conservation of Paddyland

and Wetland Act, 2008(for short, 'the Act')directing

restoration of the property. Challenging the said

order, the petitioner has preferred Ext P3 revision

before the 1st respondent. The revision is to be

heard by the 2nd respondent. The apprehension of the

petitioner is that, pending consideration of Ext P3

revision, Ext P1 order might be enforced.

2. I deem it only appropriate that, status quo

regarding the property be maintained till the

disposal of the statutory revision.

Accordingly, without expressing anything on

merits, the writ petition is disposed of directing

the 2nd respondent to hear and dispose of Ext P2

revision, as expeditiously as possible and at any WP(C) NO. 16726 OF 2021

rate within a period of three months from the date

of receipt of a copy of this judgment. Till final

orders are passed, status quo with regard to the

property shall be maintained by both sides.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 16726 OF 2021

APPENDIX OF WP(C) 16726/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER PASSED BY THE 3RD RESPONDENT DATED 8.7.2021 HAVING NO.B6-316/2020

Exhibit P2 TRUE COPY OF THE JUDGMENT IN WPC NO.15654/2021 DATED 5.8.2021

Exhibit P3 TRUE COPY OF THE REVISION PETITION WITH REQUEST FOR INTERIM ORDER FILED BY THE PETITIONER TO THE 2ND RESPONDENT UNDER SEC. 28 OF THE ACT DATED 9.8.2021