K.A.Narayanan vs Revenue Divisional Officer
2022 Latest Caselaw 9332 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                         WP(C) NO. 19341 OF 2020
PETITIONER:

              K.A.NARAYANAN
              AGED 80 YEARS
              18/475, KOODALLUR COTTAGE,
              THRISSUR - 680 004, KERALA.

              ADV.BIJO FRANCIS
              ADV.KURIAKOSE
RESPONDENT:

              REVENUE DIVISIONAL OFFICER
              THRISSUR, CIVIL STATION, AYYANTHOLE,
              THRISSUR - 680 003, KERALA.

              SMT.VIDYA KURIAKOSE- GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19341 OF 2020
                                    2

                             JUDGMENT

This writ petition has been filed with the following prayers:

"a) quash Exhibit P1 order dated 11.03.2020 of the respondent as it is against the facts and the law, the Kerala Conservation of Paddy Land and Wetland Act, 2008 and Rules.

b) issue a writ or mandamus or other writ, order or direction directing the respondent to consider Exhibit P2 representation on the basis of the fair value of the petitioner's land mentioned in Exhibits P4 & P5 and on the basis of the Schedule annexed to Rule 12(9) of the Kerala Conservation of Paddy Land & Wetland Rules 2008.

c) issue such other writ or pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

d) award the cost of the petitioner."

This writ petition is filed challenging Ext.P1 order dated

11.03.2020 to the respondent. When the writ petition came up

for consideration, the learned Government Pleader after getting

instructions submitted that Ext.P1 is already recalled and fresh WP(C) NO. 19341 OF 2020

notice is given to the petitioner. If the petitioner is aggrieved by

the fresh notice, the petitioner is free to challenge the same in

accordance with law. With the above observations, the writ

petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 19341 OF 2020

APPENDIX OF WP(C) 19341/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 11.03.2020 OF THE RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 15.05.2020 FILED BY THE PETITIONER TO THE RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING RECEIPT OF EXHIBIT P2 BY THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE CURRENT FAIR VALUE AS ASSESSED BY THE GOVERNMENT FOR SURVEY NUMBER 116/1 OF PERAMANGALAM VILLAGE.

EXHIBIT P5 TRUE COPY OF THE CURRENT FAIR VALUE AS ASSESSED BY THE GOVERNMENT FOR SURVEY NUMBER 116/2 OF PERAMANGALAM VILLAGE.

EXHIBIT P6 TRUE COPY OF THE REPORT DATED 01.06.2019 OF THE AGRICULTURE OFFICER PREPARED AS PER THE RECOMMENDATION OF THE LOCAL LEVEL MONITORING COMMITTEE.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 11.4.2022 ISSUED BY THE RESPONDENT

Exhibit P8 TRUE COPY OF THE PRINTOUT OF FAIR VALUE OF THE PETITIONER'S LAND COMPROMISED IN SURVEY 116/1 OF PERMANGALAM VILLAGE PUBLISHED BY THE KERALA REGISTRATION DEPARTMENT

Exhibit P9 TRUE COPY OF THE PRINTOUT OF FAIR VALUE OF THE PETITIONER'S LAND COMPRISED IN SURVEY 116/2 OF PERAMANGALAM VILLAGE PUBLISHED BY THE KERALA REGISTRATION DEPARTMENT