Thajudheen vs The District Collector
2021 Latest Caselaw 9925 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7629 OF 2021(C)


PETITIONER:

               THAJUDHEEN, AGED 42 YEARS
               S/O. UMMAR HAJI, ATHIYARATH HOUSE, PURANGU P.O.,
               MALAPPURAM DISTRICT-679584.

               BY ADVS.
               SRI.JAMSHEED HAFIZ
               SMT.K.K.NESNA

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               MALAPPURAM, MALAPPURAM DISTRICT.

      2        THE REVENUE DIVISIONAL OFFICER,,
               TIRUR, TIRUR P.O., MALAPPURAM DISTRICT-676101.

      3        VILLAGE OFFICER,
               MARANCHERY VILLAGE OFFICE, MARANCHERRY P.O.,
               MALAPPURAM DISTRICT-679581.

      4        SAIDALAVI,
               AGED 48 YEARS, S/O. BAPPUTTY, POONAKKATTEL HOUSE,
               MARANCHERY VILLAGE, PURANGU P.O., MALAPPURAM
               DISTRICT-679584.

      5        MUHAMMED SHAHEER P.,
               AGED 22 YEARS, S/O. SAMSUDHEEN, POONAKKATTEL HOUSE,
               MARANCHERY VILLAGE, PURANGU P.O., MALAPPURAM
               DISTRICT-679584.

      6        MARANCHERY GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
               MARANCHERRY P.O., MALAPPURAM DISTRICT-679581.

               R1 TO R3 BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7629 OF 2021(C)

                                     2




                               JUDGMENT

Dated this the 24th day of March 2021

Alleging violation of the provisions of the Kerala

Conservation of Paddyland and Wetland Act (in short, 'the

Act'), the 2nd respondent- Revenue Divisional Officer has

submitted a report to the 1st respondent District Collector

against the petitioner. The petitioner denies the

allegations levelled and also challenges the very

applicability of the Act to the land in question.

In terms Section 13 of the Act, 1st respondent is the

authority to adjudicate upon the issue. The petitioner

shall approach the 1st respondent and shall be entitled to

urge all his defences before him. The 1 st respondent shall

consider the contentions and pass appropriate orders after

giving an opportunity of hearing to the petitioner.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.7629 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO.16300/20 DATED 24/08/2020.

EXHIBIT P2 A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, MARANCHERY DATED 30/09/2020.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT VILLAGE OFFICER, MARANCHERY DATED 12/11/2020.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RDO DATED 01/02/2021.

EXHIBIT P5 A TRUE COPY OF THE REPORT OF 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 04/02/2021.

EXHIBIT P6 A TRUE COPY OF THE COMPLAINT FILED BY ISMAYEEL TO 2ND RESPONDENT RDO DATED 23/07/2020.

EXHIBIT P7 A TRUE COPY OF THE COMPLAINT FILED BY ABOOBACKER TO THE 2ND RESPONDENT RDO DATED 09/09/2020.