Deoscent Developers Pvt.Ltd vs The State Of Kerala
2021 Latest Caselaw 15393 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                       WP(C) NO. 14509 OF 2021
PETITIONER:

          DEOSCENT DEVELOPERS PVT.LTD, T.C NO.XII/612, VELIYANNUR
          ROAD, VELIYANNUR P.O, THRISSUR 680021 REPRESENTED BY
          ITS DIRECTOR ARUN MAJEED, S/O DR.P.H.ABDUL MAJEED, AGED
          39 YEARS.

          BY ADVS.
          BINOY VASUDEVAN
          SREEJITH SREENATH



RESPONDENTS:

1         THE STATE OF   KERALA, REPRESENTED BY ITS PRINCIPAL
          SECRETARY TO   THE GOVERNMENT, AGRICULTURAL DEPARTMENT/
          AGRICULTURAL   PRODUCTION COMMISSIONER, GOVERNMENT
          SECRETARIAT,   THIRUVANANTHAPURAM 695001.

2         THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,
          AYYANTHOLE P.O, THRISSUR 680003.

3         THE REVENUE DIVISIONAL OFFICER, COLLOCTORATE, CIVIL
          STATION, AYYANTHOLE P.O, THRISSUR 680003.

4         THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VILVATTOM
          P.O,THRISSUR 680 631.

5         THE VILLAGE OFFICER, PERINGAVU VILLAGE, PERINGAVU P.O,
          THRISSUR DISTRICT 680008

          BY GP SRI.PAUL ABRAHAM VAKKANAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14509 OF 2021
                                   2

                              JUDGMENT

Dated this the 22nd day of July, 2021

Challenging Ext P7 order passed by the 2 nd

respondent under Section 13 of the Kerala

Conservation of Paddy Land and Wet Land Act,

directing restoration of the property alleged to have

been illegally reclaimed by the petitioner, Ext P8

Revision Petition has been preferred before the 1 st

respondent in terms of Section 28 of the Act. The

petitioner relies on Exts P5 and P6 orders dated

27.12.2007 under the Kerala Land Utilization Order to

contend that the property was reclaimed on the

strength of the said order and is not an illegal

reclamation. It is for the 1 st respondent to consider

the revision on its merits and pass appropriate

orders.

Without expressing anything on merits, I dispose

of the writ petition directing the 1 st respondent to

consider and pass orders on Ext P8 Revision Petition WP(C) NO. 14509 OF 2021

with due notice to the petitioner, as expeditiously

as possible and at any rate within a period of three

months from the date of receipt of a copy of this

judgment. Till orders are passed on the Revision

Petition, status quo regarding the property shall be

maintained, including alteration of the lie and

nature of the property.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 14509 OF 2021

APPENDIX

EXT P1 TRUE COPY OF THE LAND TAX RECEIPTS IN RESPECT OF THE PROPERTIES DATED 16.2.2021 ISSUED BY THE 4TH RESPONDENT.

EXT P2 TRUE COPY OF BUILDING PERMIT NO.DW4/BA/348/12-13 DATED 30.11.2012.

EXT P3 TRUE COPY OF BUILDING PERMIT NO.DW4/BA/450/12-13 DATED 1.02.2013.

EXT P4 TRUE COPY OF BUILDING PERMIT NO.DW5/ODP/BA/75/12-13 DATED 14.11.2012.

EXT P5 TRUE COPY OF THE PROCEEDINGS NO.D1-4168/06(2) KDIS.

DATED 27.12.2007 THE REVENUE DIVISIONAL OFFICER, THRISSUR.

EXT P6 TRUE COPY OF THE ORDER NO.D1-4168/06(1)K.DIS DATED 27.12.2007.

EXT P7 TRUE COPY OF ORDER NO.DCTSR/4308/2020/B.3(2) DATED 09.07.2021 OF THE 2ND RESPONDENT. EXT P8 TRUE COPY OF THE MEMORANDUM OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT P9 TRUE COPY OF THE JUDGMENT DATED 18.01.2021 IN W.P(C) NO 1306.2021.