Dr. Maya Joseph vs Secretary To Government
2021 Latest Caselaw 2450 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

           THURSDAY, THE 21ST DAY OF JANUARY 2021/1ST MAGHA, 1942

                         W.P(C).No.1604 OF 2021(A)


PETITIONER:

                DR. MAYA JOSEPH
                AGED 34 YEARS
                D/O. MALIKAYIL JOSEPH, MALIKAYIL HOUSE, PARIPPU KARA,
                AYMANAM VILLAGE, KOTTAYAM DISTRICT, PIN 686 014

                BY ADV. SRI.M.P.MADHAVANKUTTY

RESPONDENTS:

       1        SECRETARY TO GOVERNMENT
                AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM. PIN - 695 001

       2        DISTRICT COLLECTOR,
                KOTTAYAM DISTRICT. PIN - 686 001

       3        REVENUE DIVISIONAL OFFICER,
                KOTTAYAM PIN - 686 001

       4        TAHSILDAR,
                KOTTAYAM. PIN - 686 001

       5        VILLAGE OFFICER,
                KUMARAKOM, KOTTAYAM. 686 563

       6        AGRICULTURAL OFFICER,
                KRISHI BHAVAN, KUMARAKOM,
                KOTTAYAM DISTRICT. PIN - 686 563

       7        M.V JOSEPH,
                VECHAKATHARA, PARIPPU KARA, PARIPPU P.O,
                KOTTAYAM DISTRICT, PIN - 686 014

                BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
 W.P.(C).No.1604/2021            :: 2 ::




                         JUDGMENT

Aggrieved by Ext.P2 order of the District Collector under

Section 13 of the Kerala Conservation of Paddy Land and Wetland

Act, 2008, the petitioner has preferred Ext.P3 revision petition

before the 1st respondent. The limited prayer of the petitioner is

for a direction to the 1 st respondent to consider and pass orders

on the same, expeditiously, after hearing her.

2. I have heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for the

respondents.

On a consideration of the facts and circumstances of the

case as also the submissions made across the bar, I dispose the

writ petition with a direction to the 1 st respondent to consider

and pass orders on Ext.P3 revision petition preferred by the

petitioner, within six weeks from the date of receipt of a copy of W.P.(C).No.1604/2021 :: 3 ::

this judgment, after hearing the petitioner and others likely to be

affected by orders to be passed by the 1 st respondent. It is made

clear that till such time as orders are passed by the 1 st

respondent, as directed, and the order communicated to the

petitioner, no coercive steps will be taken in respect of the land

in question. The petitioner shall also ensure that the nature of

the land is not altered during the period of the stay granted

above. The petitioner shall produce a copy of the writ petition

together with a copy of this judgment before the 1 st respondent,

for further action.

Sd/-

                          A.K.JAYASANKARAN NAMBIAR
                                      JUDGE



prp/21/1/2021
     W.P.(C).No.1604/2021            :: 4 ::




                                 APPENDIX



PETITIONER'S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE OBJECTION DATED 08-09-2020

BEARING NO.R3-2921/2020 BEFORE THE 2ND RESPONDENT DISTRICT COLELCTOR, KOTTAYAM.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 03-12-2020 BEARING NO.DCKTM/2921/2020/R3 PASSED BY THE 2ND RESPONDENT DISTRICT COLLECTOR, KOTTAYAM.

EXHIBIT P3 TRUE COPY OF THE REVISION PETITION DATED 12-01-2021 BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT BEARING NO.

RL6248003839IN DATED 12-01-2021 RECEIVED WITH REGARD TO EXHIBIT P3 REVISION PETITION).

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE