Kerala High Court
Biju K T vs State Of Kerala on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 3416 OF 2023
PETITIONER:
BIJU K T
AGED 47 YEARS
S/O THOMAS, KUTTIKKATTIL HOUSE, ERUMAPETTI P.O,
THRISSUR. 680 584, PIN - 680584
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
JISSMON A KURIAKOSE
SANAL C.S`
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BYITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN
- 695001
2 THE LAND REVENUE COMMISSIONER
COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
BUILDING, MUSEUM JN, THIRUVANTHAPURAM-695033, PIN -
695033
3 DISTRICT COLLECTOR, THRISSUR
COLLECTORATE, THRISSUR DISTRICT, PIN-680003, PIN -
680003
4 REVENUE DIVISIONAL OFFICER, THRISSUR
REVENUE DIVISIONAL OFFICE, COLLECTRATE,THRISSUR -
680003, PIN - 680003
5 VILLAGE OFFICER
KARIYANNOR,THRISSUR 680584, PIN - 680584
6 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER
KRISHI BHAVAN, KARIYANOOR, THRISSUR - 679532, PIN -
679532
7 AGRICULTURAL OFFICER
KRISHI BHAVAN, KARIYANOOR, THRISSUR - 679532, PIN -
679532
BY SMT.PARVATHY.K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3416 OF 2023
2
JUDGMENT
Dated this the 1st day of February, 2022
This writ petition is filed
seeking the following reliefs:
"i. To issue a writ of mandamus or any other
appropriate writ or order or direction commanding
the 1s respondent to consider and pass orders on
Ext.P4 Revision petition within a time frame fixed by
this Hon'ble court, after affording an opportunity of
hearing and till then the coercive actions pursuant to
Ext.P3 may kept in abeyance.
ii. To issue a Writ of certiorari or any other
appropriate writ or order or direction, quashing
Exhibit P3 passed by the 3rd respondent."
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 the petitioner has purchased 19.02
Ares of land in Kariyannur Village in Kunnamkulam
Taluk of Thrissur District. It is submitted that after
purchasing the land, when the petitioner tried to
develop the land, the 3rd respondent initiated action
under the Kerala Conservation of Paddy Land and
WP(C).No.3416 OF 2023
Wetland Act, 2008. It is submitted that the 3 rd
respondent without considering the actual facts and
without conducting any physical verification, directed
the petitioner to restore the original position of the
land within 30 days.
Having considered the contentions
advanced, I am of the opinion that Exhibit P4 appeal
preferred by the petitioner before the 1 st respondent is
liable to be considered in accordance with law. There
will, accordingly, be a direction to the 1 st respondent
to take up Exhibit P4 appeal, consider and pass orders
on the same, within a period of three weeks from the
date of receipt of a copy of this judgment. Till such
time further coercive proceedings shall be kept in
abeyance.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/01/02
WP(C).No.3416 OF 2023
PETITIONER'S EXHIBITS:
. TRUE COPY OF THE NOTICE DATED
Exhibit P1
05/07/2022 ISSUED BY THE 3RD RESPONDENT
TRUE COPY OF THE PHOTOGRAPH SHOWING THE
Exhibit P2
CURRENT CONDITION OF THE PROPERTY
TRUE COPY OF ORDER DATED 03/01/2023 OF
Exhibit P3
THE 3RD RESPONDENT
TRUE COPY OF THE APPEAL FILED UNDER THE
Exhibit P4
SECTION 28 OF THE ACT DATED 10/01/2023
RESPONDENTS' EXHIBITS: NIL
SSK //TRUE COPY// PA TO JUDGE
