Kerala High Court
Prabhakaran vs The State Of Kerala on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 2594 OF 2022
PETITIONER:
PRABHAKARAN
AGED 57 YEARS
S/O.RAMAN,
RESIDING AT CHANGARATH HOUSE,
ANAMANGAD P.O,
MUZHANNAMANNA, MALAPPURAM - 679 357
BY ADVS.
K.M.JAMALUDHEEN
LATHA PRABHAKARAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO
GOVERNMENT, AGRICULTURAL DEVELOPMENT DEPARTMENT,
(NATIONAL COMMISSION ON AGRICULTURE) GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2 THE PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURAL
DEVELOPMENT AND FARMERS WELFARE,
GOVERNMENT SECRETARIAT, ANNEX,
THIRUVANANTHAPURAM - 695 001
3 THE DISTRICT COLLECTOR, CIVIL STATION,
MALAPPURAM - 676 505
4 THE TAHSILDAR (LAND RECORDS), TALUK OFFICER,
MINI CIVIL STATION, PERINTHALMANNA,
MALAPPURAM - 676 321
5 THE VILLAGE OFFIER,
ANAMANGAD VILLAGE OFFICER,
MALAPPURAM - 679 357
SMT. VINITHA. B, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2594 OF 2022
2
T.R.RAVI, J.
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WP(C) NO.2594 OF 22
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Dated this the 25th day of January, 2022
JUDGMENT
The petitioner has preferred Ext.P3 Revision Petition before
the Government challenging Ext.P1 order whereby the petitioner
was directed to remove the soil which had been used for filling the
land and to restore the land to its original position. The Revision is
stated to have been filed on 15.10.2020 and the same is stated to be
still pending. Pending the Revision, Ext.P5 order has been issued by
the 4th respondent wherein it is stated that since the petitioner has
not challenged Ext.P1 order, he shall restore the land to the original
position within seven days from the date of receipt of Ext.P5. It is
aggrieved by the non consideration of Ext.P3 and issuance Ext.P5
direction that the petitioner has filed this writ petition.
Since Ext.P3 is stated to be pending, this writ petition is
disposed of directing the 1st respondent to consider and pass orders
on Ext.P3 Revision Petition, if the same has not so far been disposed
of, after affording an opportunity of being heard to the petitioner. If
physical hearing is not possible, the petitioner may be heard
through virtual mode. Orders shall be passed within three months
WP(C) NO. 2594 OF 2022
from the date of receipt of a copy of this judgment. Pending
finalization of the Revision Petition, all further proceedings
pursuant to Ext.P5 will remain stayed.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 2594 OF 2022
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT
BEARING NO.7846/2018 B-2 DATED 30.9.2020
EXHIBIT-P2 PHOTOGRAPHS IN 3 NUMBERS SHOWING THE LIE OF
THE PROPERTY
EXHIBIT-P3 TRUE COPY OF THE REVISION PETITION DATED
12.10.2020 FILED BY THE PETITIONER BEFORE THE
1ST RESPONDENT
EXHIBIT-P4 TRUE COPY OF THE POSTAL RECEIPT DATED
15.10.2020 ISSUED BY THE POSTAL DEPARTMENT
EXHIBIT-P5 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT
DATED 16.12.2021
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
