Citation : 2022 Latest Caselaw 5580 Ker
Judgement Date : 26 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 17040 OF 2022
PETITIONER:
RAVEENDRAN PILLAI
AGED 74 YEARS
S/O. KRISHNA PILLAI, PUTHENPURACKAL HOUSE, MEKOZHOOR MURI,
RANNI TALUK, PATHANAMTHITTA DISTRICT 689 678.
BY ADVS.
S.SHANAVAS KHAN
S.INDU
RESPONDENTS:
1 THE PRINCIPAL SECRETARY AND AGRICULTURE PRODUCTION
COMMISSIONER,
AGRICULTURE (NCA) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 004.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, PATHANAMTHITTA- 689 645.
3 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, ADOOR, PATHANAMTHITTA- 691 523.
4 THE TAHSILDAR,
TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA 689 641.
5 THE VILLAGE OFFICER,
VILLAGE OFFICE, NARANGANAM, PATHANAMTHITTA 689 641.
BY SMT.VINITHA B - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17040 OF 2022 2
JUDGMENT
This writ petition has been filed seeking the following reliefs:
I) Issue a writ of mandamus or any other writ, order or direction directing the first respondent to consider Ext.P6 revision in a time bound manner after affording an opportunity of being heard to the petitioner.
II) Issue a writ of mandamus or any other writ, order or direction directing the 3 rd respondent to consider Ext.P7 Form 5 application in a time bound manner to be fixed by this Hon'ble Court and III) Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted that the learned counsel for the
petitioner that as against Ext.P5 order issued by the District
Collector under Section 13 of the Kerala Conservation of Paddy
Land and Wetland Act, the petitioner has preferred Ext.P6
Revision Petition before the 1st respondent.
Having heard the learned Government Pleader also, there is
a direction to the 1st respondent to take up Ext.P6 Revision
petition and consider and pass orders on the same in accordance
with law, after hearing the petitioner also within a period of two
months from the date of receipt of a copy of this judgment.
Until such time, further coercive proceedings pursuant to
Ext.P5 shall be kept in abeyance and status quo shall be
maintained by the parties.
Sd/-
ANU SIVARAMAN JUDGE ska
APPENDIX OF WP(C) 17040/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12.09.2021 ISSUED FROM NARANGANAM VILLAGE OFFICE.
Exhibit P2 TRUE COPY OF THE DATA BANK DATED 24.03.2012 PERTAINING TO NARANGANAM GRAMA PANCHAYAT.
Exhibit P3 TRUE COPY OF THE LETTER DATED 8.12.2021 SUBMITTED BY PETITIONER BEFORE NARANGANAM GRAMA PANCHAYAT.
Exhibit P4 TRUE COPY OF THE NOTICE DATED 04.04.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE ORDER DATED 07.01.2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE FORM 5 APPLICATION DATED 15.03.2022.
Exhibit P8 TRUE COPY OF THE PHOTOGRAPH REVEALING THE NATURE OF THE PROPERTY.
Exhibit P8(a) TRUE COPY OF THE PHOTOGRAPH REVEALING THE NATURE OF THE PROPERTY.
Exhibit P8(b) TRUE COPY OF THE PHOTOGRAPH REVEALING THE NATURE OF THE PROPERTY.
Exhibit P8(c) TRUE COPY OF THE PHOTOGRAPH REVEALING THE NATURE OF THE PROPERTY.
Exhibit P8(d) TRUE COPY OF THE PHOTOGRAPH REVEALING THE NATURE OF THE PROPERTY.
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