Santhosh B vs Dileep Kumar
2021 Latest Caselaw 18606 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
        Wednesday, the 8th day of September 2021 / 17th Bhadra, 1943
          CONTEMPT CASE(C) NO. 618 OF 2021(S) IN WP(C) 17463/2020

PETITIONER:

     SANTHOSH. B., PERUMATHIYIL HOUSE, PERINGARA,

     CHATHAMKARY, THIRUVALLA, PATHANAMTHITTA-689 112.


     BY ADV. SRI.UNNI. K.K.

RESPONDENTS:

1.   DILEEP KUMAR, TAHASILDAR, TALUK OFFICE,

     REVENUE TOWER, THIRUVALLA-689 101.

2.   JOSE EAPEN, SECRETARY, PERINGARA GRAMA PANCHAYATH,

     PERINGARA P.O, THIRUVALLA-689 108.

      ADDL. R3 IMPLEADED

3.   MURALIDHARAN PILLAI.K.M., TAHASILDAR (LR),

     TALUK OFFICE, THIRUVALLA- 689 101.

     IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 07/04/2021 IN

     IA.1/2021.




     SRI.VARGHESE M.EASO, STANDING COUNSEL FOR R2.

     GOVERNMENT PLEADER FOR ADDL. R3.


     This Contempt of court case (civil) having come up for orders on
08.09.2021, the court on the same day passed the following:

                                                           P.T.O.
                    A. MUHAMED MUSTAQUE, J.
                    ==========================
                   Cont. Case (C) No. 618 of 2021
               ====================================
              Dated this the 8th day of September, 2021


                            ORDER

The Officer is present before this Court. It is submitted

that on physical inspection of the property it is found that the

property is "Nilam" and that is the reason for the delay

involved in complying with the directions. The Revenue

Authority have no right to treat the property as "Nilam" or not

after the enactment of the Kerala Conservation of Paddy Land

and Wetland Act, 2008 except with reference to description in

the revenue records. If the revenue authorities is of the view

that the property continued to be a paddy land

notwithstanding the description of the property as referred in

the judgment. They are free to report the matter to the Local

Level Monitoring Committee. However, without resolving into

such procedure, the revenue authority cannot have any excuse Cont. Case No. 618 of 2021 ..2..

for non compliance.

Post along with the review petition filed by the State on

15.09.2021.

Sd/-

A. MUHAMED MUSTAQUE, JUDGE

PR

08-09-2021 /True Copy/ Assistant Registrar