Seena Sivaprasad vs State Of Kerala
2021 Latest Caselaw 21416 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                              WP(C) NO. 20486 OF 2021
PETITIONER:

              SEENA SIVAPRASAD
              AGED 52 YEARS
              W/O. SIVAPRASAD,
              HOUSE NO.21/1179/B,
              SREESAILAM, SN ROAD,
              PALLURUTHY, KOCHI-6.

              BY ADVS.
              RAVI KRISHNAN
              K.VINAYA


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

     2        REVENUE DIVISIONAL OFFICER AND SUB COLLECTOR
              ALAPPUZHA, REVENUE DIVISIONAL OFFICE, ALAPUZHA-688 001.

     3        AGRICULTURE OFFICER
              KRISHI BHAVAN, EZHUPUNNA, EZHUPUNNA P.O.,
              ERAMALLUR, ALAPPUZHA DISTRICT-688 550.

     4        THE VILLAGE OFFICER
              EZHUPUNNA, EZHUPUNNA P.O.,
              ERAMALLUR, ALAPPUZHA DISTRICT-688 550.


              SRI. VIPIN NARAYAN, GP



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20486 OF 2021
                                        2



                                  T.R.RAVI, J.
                        ----------------------------------------
                        WP(C) NO. 20486 OF 2021
                      -------------------------------------------
                Dated this the 29th day of October, 2021

                              JUDGMENT

The writ petition has been filed challenging Ext.P9 order

issued by the Sub Collector, Alappuzha in a Form 5 application

submitted under Kerala Conservation of Paddy Land and Wet

Land Act, 2008 and for a direction to reconsider and pass fresh

orders on Exts.P3 and P3(a). There are other consequential

prayers also.

2. When the case is taken up today, the counsel for the

petitioner contended that Ext.P9 has been issued without

considering the relevant aspects and in particular Ext.P8 report

of the Kerala State Remote Sensing and Environmental Centre.

The Government Pleader also fairly submits that Ext.P9 does not

specifically refer to Ext.P8 report.

3. In the circumstances, Ext.P9 is set aside and the 2 nd

respondent is directed to reconsider Exts.P3 and P3(a)

applications submitted by the petitioner afresh after affording

him an opportunity of being heard and referring to Ext.P8 report WP(C) NO. 20486 OF 2021

of the KSREC. The petitioner shall take necessary steps to get

the report of the KSREC forwarded to the 2 nd respondent and the

2nd respondent shall pass fresh orders within two months from

the date of receipt of the report of the KSREC.

The writ petition is disposed of.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 20486 OF 2021

APPENDIX OF WP(C) 20486/2021

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPIES OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 9.11.2020.

Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 9.11.2020 SUBMITTED BY THE PETITIONER.

Exhibit P3(A) A TRUE COPY OF THE APPLICATIONS DATED 9.11.2020 SUBMITTED BY THE PETITIONER.

Exhibit P4 A TRUE COPY OF THE MAHAZER PREPARED BY THE VILLAGE OFFICER.

Exhibit P5 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE ROAD GIVEN BY THE PETITIONER.

Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE EZHUPUNNA GRAMA PANCHAYAT TO THE REVENUE DIVISIONAL OFFICER ON 6.2.2021.

Exhibit P7 A TRUE COPY OF THE REPORT PREPARED BY THE LOCAL LEVEL MONITORING COMMITTEE DATED 4.2.2021. Exhibit P8 TRUE COPY OF THE SAID REPORT DATED 3.9.2020 ISSUED BY THE KERALA STATE REMOVE SENSING AND ENVIRONMENT CENTER.

Exhibit P9 A TRUE COPY OF THE ORDER DATED 26.4.2021 OF REVENUE DIVISIONAL OFFICER.

RESPONDENT'S EXHIBITS   :       NIL


                        //TRUE COPY//            PA TO JUDGE