C.H.Sameera vs The Revenue Divisional Officer
2021 Latest Caselaw 4196 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR

       THURSDAY, THE 04TH DAY OF FEBRUARY 2021/15TH MAGHA,1942

                       W.P(C).No.2866 OF 2021(G)


PETITIONER:

               C.H.SAMEERA
               AGED 40 YEARS
               D/O.CHEMMANAMKUNDIL ABBAS HAJI, CHITHARI, P.O.
               CHITHARI, HOSDURG TALUK, PIN - 671 316.

               BY ADVS.SRI.T.K.VIPINDAS
                       SRI.K.V.SREE VINAYAKAN

RESPONDENTS:

       1       THE REVENUE DIVISIONAL OFFICER
               KASARAGOD AT KANHANGAD, PIN - 671315.

       2       THE TAHSILDAR
               HOSDURG, KASARAGOD DISTRICT, PIN - 671315.

       3       THE VILLAGE OFFICER
               NILESHWAR VILLAGE, P.O.NILESHWAR, PIN - 671314.

       4       THE AGRICULTURAL OFFICER
               KRISHI BHAVAN, NILESHWAR, PIN - 671314.

               BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

          THIS WRIT PETITION      (CIVIL) HAVING COME UP         FOR
     ADMISSION ON 04.02.2021,     THE COURT ON THE SAME          DAY
     DELIVERED THE FOLLOWING:
 W.P.(C).No.2866/2021          :: 2 ::




                        JUDGMENT

The petitioner has approached this Court aggrieved by

Ext.P9 order passed by the Revenue Divisional Officer [RDO]

under Section 27A(2) of the Kerala Conservation of Paddy Land

and Wetland Act, 2008 [hereinafter referred to as the '2008

Act']. Although various contentions are raised in the writ

petition, in its challenge against Ext.P9 order, I am of the view

that against Ext.P9 order, the petitioner has an effective

alternate remedy by way of an appeal under Section 27B of the

2008 Act before the District Collector. Accordingly, without

prejudice to the right of the petitioner to move the District

Collector, in a statutory appeal, the writ petition, in its

challenge against Ext.P9 order, is dismissed.

Sd/-

                          A.K.JAYASANKARAN NAMBIAR
                                      JUDGE


prp/5/2/2021
       W.P.(C).No.2866/2021            :: 3 ::




                                   APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                   TRUE COPY OF DOCUMENT NO.214/2014 OF SRO,
                             NILESHWAR.

EXHIBIT P2                   TRUE COPY OF THE BASIC TAX RECEIPT DATED

11.04.2017 ISSUED TO THE PETITIONER BY 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 02.11.2017.

EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY COVERED BY EXHIBIT P1.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, NILESHWAR DATED 15.11.2017.

EXHIBIT P6 TRUE COPY OF THE PETITION DATED 10.11.2017 FILED BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER, NILESHWAR FILED AS PER MEMO DATED 12.12.2017.

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED 05.01.2018 IN W.P.(C).38853/2017.

EXHIBIT P9 THE TRUE COPY OF THE ORDER DATED 19.11.2020 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE