John Mathew vs State Of Kerala
2021 Latest Caselaw 17387 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                     WP(C) NO. 470 OF 2021
PETITIONER:

         JOHN MATHEW,
         AGED 32 YEARS,
         S/O MATHEW GEORGE, KURUVITHADAM HOUSE,
         ARAKUZHA VILLAGE,
         PERUMBALLOOR,
         MUVATTUPUZHA P O.

         BY ADVS.
         PEEYUS A.KOTTAM
         SHRI. HRITHWIK D. NAMBOOTHIRI


RESPONDENTS:

1        STATE OF KERALA,
         REPRESENTED BY SECRETARY,
         REVENUE DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM-695001.
2        THE DISTRICT COLLECTOR,
         ERNAKULAM, PIN-682530.
3        THE REVENUE DIVISIONAL OFFICER,
         MUVATTUPUZHA-686661.

         BY ADV GOVERNMENT PLEADER SRI.VIPIN NARAYAN

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 25.08.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.470/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 25th day of August, 2021

This writ petition was filed by the petitioner seeking

to command respondents 2 and 3 to allow Exts.P1 and P2

representations under Section 6 of the Kerala Land Utilisation

Order, 1967 without insisting for payment as stipulated under

Section 27A(3) of the Kerala Conservation of Paddy Land and

Wetland Act, 2008.

2. When this writ petition came up for hearing today,

the learned counsel for the petitioner submitted that the

learned Government Pleader has produced a memo which

discloses that the application submitted by the petitioner

stands rejected. Now, the petitioner wants to challenge those

orders and the petitioner seeks liberty to withdraw the writ

petition without prejudice to his right to challenge the orders

now issued.

WP(C) No.470/2021

Accordingly, granting such liberty, the writ petition is

dismissed as withdrawn.

Sd/-

N. NAGARESH, JUDGE

aks/31.08.2021 WP(C) No.470/2021

APPENDIX OF WP(C) 470/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 21.06.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR USING THE PETITIONER'S PROPERTY HAVING 15 CENTS IN MARADY VILLAGE FOR OTHER PURPOSES OTHER THAN FOR CULTIVATION.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 21.06.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR USING THE PETITIONER'S PROPERTY HAVING 40 CENTS IN MARADY VILLAGE FOR OTHER PURPOSES OTHER THAN FOR CULTIVATION.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATE BANK ISSUED FROM THE OFFICE OF THE AGRICULTURAL FIELD OFFICER, MUVATTUPUZHA PERTAINING TO 55 CENTS OF PROPERTY IN SY.NO.363/4A OF MARADY VILLAGE, MUVATTUPUZHA TALUK.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 24/08/2017 IN WPC NO.28034/2017. EXHIBIT P5 TRUE COPY OF THE REPORT OF THE KSREC NO A/172/2015/KSREC DATED 12.02.2018. EXHIBIT P6 TRUE COPY OF THE REPORT NO MVK-6/18-19 DATED 01.06.2018 BEFORE THE 2ND RESPONDENT REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA.

EXHIBIT P7 A TRUE COPY OF THE RECEIPT BEARING NO-

L5/16977/2017 DATED 29.6.2017 ISSUED BY THE 2ND RESPONDENT ACKNOWLEDGING RECEIPT OF EXT. P1 REPRESENTATION EXHIBIT P8 A TRUE COPY OF THE RECEIPT BEARING NO-

L5/16974/2017 DATED 29.6.2017 ISSUED BY THE 2ND RESPONDENT ACKNOWLEDGING RECEIPT OF EXT. P2 REPRESENTATION EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 11.2.2021 IN WPC 517/2021.

SR