Kerala High Court
Shylaj.N vs State Of Kerala on 20 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
WP(C) NO. 13752 OF 2012
PETITIONER/S:
1 SHYLAJ.N, S/O.NARAYANAN, KOCHUPARAMBIL VEEDU,
KADAPRA, KADPRA VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT.
2 SUJAYA, W/O.SHYLAJ.N., KOCHUPARAMBIL VEEDU,
KADAPRA, KADPRA VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT.
BY ADV SRI.ANCHAL C.VIJAYAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE DISTRICT COLLECTOR
PATHANAMTHITTA, PIN-689645.
3 THE REVENUE DIVISIONAL OFFICER
THIRUVALLA, PIN-689101, PATHANAMTHITTA DISTRICT.
4 THE TAHSILDAR
THIRUVALLA, PIN-689101, PATHANAMTHITTA DISTRICT.
5 THE VILLAGE OFFICER
NIRANAM, PIN-689 621, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 13752 of 2013
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 13752 of 2012
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Dated this the 20th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i. call for the records leading to Exhibit P7 from the 2 nd
respondent and to quash the same by the issuance of a
writ in the nature of certiorari;
ii. declare that 2nd respondent as the statutory authority
under the Conservation of Paddy Land and Wet Land Act,
2008 has no authority to issue Exhibit P7 order directing
the petitioners to remove the earth from the property of
the petitioners in survey No. 646/9 in Block No. 1 of
Niranam Village, Thiruvalla Taluk under Section 13 of the
Act by way of remedial and penal measures;
iii. declare that petitioners have got every right to
cultivate the land in survey No. 646/9 in Block No. 1 of
Niranam village, Thiruvalla Taluk with food crops other
than paddy under the Land Utilisation Order, 1967;
iv. to allow such other and further relief's as this Hon'ble
Court find deem fit to in the nature and circumstances of
the case; and
v. allow this Writ Petition with the petitioner's costs;"
(sic)
W.P.(C). No. 13752 of 2013
2. When this writ petition came up for consideration on
10.01.2023, this Court directed the Government Pleader to get
instruction as to whether the property of the petitioner is included
in the data bank or not. Today the Government Pleader submitted
that the property is included in the data bank. If that is the case,
the petitioner has got remedy as per the Kerala Conservation of
Paddy Land and Wetland Act, 2008.
Granting liberty to the petitioner to take appropriate steps as
per the Act, 2008, this writ petition is closed. All the contentions
raised in this writ petition are left open.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
