Siby Cheriyan vs State Of Kerala
2022 Latest Caselaw 603 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                         W.P.(C) NO.1348 OF 2022
PETITIONERS:

     1       SIBY CHERIYAN,
             AGED 48 YEARS, S/O. LATE CHERIYAN,
             RESIDING AT VAYALIL HOUSE,
             KERALA ESTATE P.O., KALIKAVU,
             MALAPPURAM DISTRICT-676 525.

     2       SINI SIBI,
             AGED 42 YEARS, W/O. SIBY CHERIYAN,
             RESIDING AT VAYALIL HOUSE,
             KERALA ESTATE P.O., KALIKAVU,
             MALAPPURAM DISTRICT-676 525.

             BY ADVS.
             M.RAJENDRAN NAIR
             ABRAHAM P.GEORGE


RESPONDENTS:

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

     2       THE DISTRICT COLLECTOR,
             CIVIL STATION, MALAPPURAM-676 505.

     3       SUB COLLECTOR,
             (REVENUE DIVISIONAL OFFICER),
             PERINTHALMANNA-679 322.

     4       THE CONVENER,
             LOCAL LEVEL MONITORING COMMITTEE,
             KALIKAVU P.O., MALAPPURAM-676 525.
 W.P.(C) NO.1348 OF 2022
                               -2-

     5     THE TAHSILDAR,
           NILAMBUR TALUK, NILAMBUR P.O.,
           MALAPPURAM-676 529.

     6     THE VILLAGE OFFICR,
           KALIKAVU VILLAGE, KALIKAVU P.O.,
           MALAPPURAM-676 525.

            SRI.VINITHA B., SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) NO.1348 OF 2022
                                     -3-

                               JUDGMENT

This writ petition is filed seeking the following reliefs;

"(i) Call for the entire records leading to the issuance of Exts.P5 and P7 orders - RDOPTM 1458/2013 MI dated 05.02.2021 and RDOPTM 1923/2021/MI dated 06.08.2021 and set aside the same by issuance of a writ in the nature of certiorari or such other appropriate writ, order or direction in the interest of justice.

(ii) Issue a writ of mandamus or other appropriate direction to the 1st respondent to pass order on Exhibit P6 revision petition dated 08.08.2021 in a time bound manner after hearing the petitioners.

(iii) Direct respondents 1 to 3 not to implement Exhibit P5 and Exhibit P7 orders or make any alterations in the property till finalisation of Exhibit P6 revision petition."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that the petitioners are the owners in possession of 69

cents of property in Survey Nos.173/10 and 173/11 of Kalikavu

Village of Nilambur Taluk in Malappuram District. It is submitted

that the property is shown as paddy land in the revenue records

as well as in the data bank and the petitioners had obtained

Ext.P1 judgment for a consideration of their application for use of W.P.(C) NO.1348 OF 2022

the property for other purposes. It is stated that Ext.P5 order has

been passed rejecting the application under Form No.5 for

removal of the property from the data bank. The petitioners have

preferred Ext.P6 revision petition under Section 28 of the Kerala

Conservation of Paddy Land and Wetland Act, 2008 and seeks a

consideration of the same. In the meanwhile, Ext.P7 order has

been passed on 06.08.2021 rejecting the application under Form

No.6.

4. Having heard the learned Government Pleader also,

there will be a direction to the 1 st respondent to take up, consider

and pass orders on Ext.P6 revision petition preferred by the

petitioners, with notice to the petitioners and after hearing them

through any appropriate means including video conferencing,

within a period of three months from the date of receipt of a copy

of this judgment.

Till such time, the parties shall maintain status quo with

regard to the property in question.

Sd/-

ANU SIVARAMAN JUDGE bpr W.P.(C) NO.1348 OF 2022

APPENDIX

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF JUDGMENT OF THE HONOURABLE HIGH COURT IN WPC 23600/2014 DATED 28.11.2014.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, NO. B2-47536/2014 DATED 02.02.2017.

EXHIBIT P3 TRUE COPY OF JUDGMENT IN WPC NO.

5872/2017 DATED 22.02.2017 PASSED BY THE HONBLE HIGH COURT.

EXHIBIT P4 TRUE COPY OF LETTER ISSUED BY THE CONVENER LMC DATED 01.11.2018.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED RDOPTM/458/1-2013 DATED 05.02.2021-MI.

EXHIBIT P6 TRUE PHOTOCOPY OF THE MEMORANDUM OF REVISION PETITION FILED UNDER SEC. 28 OF KERALA CONSERVATION OF PADDY AND WET LAND ACT WITH ACKNOWLEDGEMENT DATED 08.03.2021 AND SEAL.

EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE SUB COLLECTOR, PERINTHALMANANNA RDOPTM/924/2021/MI DATED 06.08.2021.