Rajesh Kumar A.K vs The District Collector
2022 Latest Caselaw 1786 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                              WP(C) NO. 5136 OF 2022
PETITIONER:

              RAJESH KUMAR A.K
              AGED 40 YEARS, S/O. KRISHNANKUTTY, NALAYIRAM CHIRA HOUSE,
              VENATTUKADU MURI, CHATHURTHIAKARI P.O., PULIKUNNU VILLAGE,
              KUTTANADU TALUK, ALAPPUZHA DISTRICT.
              BY ADVS.
              M.V.THAMBAN
              THARA THAMBAN
              R.REJI
              B.BIPIN
              SUNEESH KUMAR R.
              ARUN BOSE
RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, ALAPUZHA, ALAPUZHA DISTRICT, PIN-688001.
     2        THE PUNCHA SPECIAL OFFICER,
              OFFICE OF THE DEPUTY COLLECTOR,
              ALAPPUZHA, COLLECTORATE, ALAPUZHA, PIN-688001.
     3        THE THASILDAR,
              KUTTANADU TALUK OFFICE, KUTTANADU P.O.,
              ALAPPUZHA DISTRICT, PIN-688503.
     4        THE SPECIAL VILLAGE OFFICER,
              VILLAGE OFFICE, PULINKUNNU, PULINKUNNU P.O.,
              ALAPPUZHA DISTRICT, PIN-688502.
     5        THE SECRETARY,
              THEKKEMATHIKAYAL PADASHEKKARA NELLULPATHANA SAMITHI,
              REGISTRATION NO.A1016/90, PULINKUNNU P.O.,
              ALAPPUZHA DISTRICT, PIN-688502.
     6        JAYAPRAKASH M.C.,
              CONVENER OF THEKKEMATHIKAYAL PADASHEKKARA NELLULPATHANA
              SAMITHI, REGISTRATION NO.A1016/90, PULINKUNNU P.O.,
              ALAPPUZHA DISTRICT, RESIDING AT CHAVUTHRAVEEDU,
              KAINAKKARI NORTH VILLAGE, KAINAKKARI EAST P.O.,
              ALAPPUZHA DISTRICT, PIN-688001.
              VINITHA B-SR.GP
     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5136 OF 2022

                                          2


                                   JUDGMENT

Dated this the 16th day of February, 2022 This writ petition is filed seeking the following prayers:

"(i) To issue a declaration that P4 order passed by the 2 nd respondent is without any application of mind, against the provisions of the Kerala Conservation of Paddy and Wetland Act and is hence unsustainable.

(ii) To issue a writ of certiorari or any other appropriate writ or order calling for the record leading upto Exhibit P7, scrutinize and quash Exhibit P4 and all further proceedings pursuant thereto.

(iii) To issue a writ of mandamus or any other writ, order or direction, directing the 1st respondent to consider Exhibits P5 and P6 and pass appropriate orders after affording an opportunity of hearing to the petitioner."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that as

against Ext.P4 order passed by the Puncha Special Officer, the petitioner

has submitted an appeal under Section 27B(1) of Kerala Conservation of

Paddy Land and Wetland Act, 2008 as Ext.P5 before the appellate

authority. It is submitted that Ext.P6 application for stay has also been

moved along with the appeal. The learned counsel for the petitioner WP(C) NO. 5136 OF 2022

submits that the appeal is liable to be considered in accordance with law

and till the stay petition is considered by the appellate authority, status quo

may be directed to be maintained.

4. Having heard the learned Government Pleader also and in view of

the fact that Ext.P5 is a statutory appeal preferred by the petitioner, there

will be a direction to the 1st respondent to take up Ext.P5 appeal and

Ext.P6 stay petition and to consider and pass orders on the same, in

accordance with law, within a period of two months from the date of

receipt of a copy of this judgment. Till Ext.P6 stay petition is considered

with notice to the parties and after hearing them, through any appropriate

means, including video conferencing, status quo as on today shall be

maintained.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 5136 OF 2022

APPENDIX OF WP(C) 5136/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY THE 6TH RESPONDENT DATED 22.11.2021.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 6.1.2022 BEARING NO.A8-3247/21 ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DATED 12.1.2022 BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 2.2.2022.

Exhibit P5 TRUE COPY OF THE EXTRACT APPEAL DATED 14.2.2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE STAY PETITION DATED 14.2.2022 FILED BEFORE THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 14.2.2022 ISSUED FROM THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS: NIL