Mohanan vs The District Collector, Thrissur
2023 Latest Caselaw 844 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 16TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944
                   WP(C) NO. 31273 OF 2011
PETITIONER:

          KRISHNANKUTTY
          S/O.KARTHIAYANI AMMA, KALADI VEEDU,,
          VARAVOOR VILLAGE, THALAPPILLY TALUK,,
          THRISSUR DISTRICT.
          BY ADVS.
          SRI.P.SANTHOSH (PODUVAL)
          SMT.R.RAJITHA

RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         THRISSUR.
    2    THE SECRETARY TO GOVERNMENT
         DEPARTMENT OF AGRICULTURE, TRIVANDRUM.
 ADDL.R3 KRISHNANKUTTY NAIR
         CHANGARATH VALIYAVEETTIL HOUSE,
         VARAVOOR (PO), PIN - 680 685, THRISSUR DISTRICT.
 ADDL.R4 K.P.RAVINDRANATHAN
         SON OF PARUKUTTY AMMA, KIZHAKOOTT HOUSE,
         VARAVOOR (PO), PIN - 680 685, THRISSUR DISTRICT.

          ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED
          17.11.14 IN IA 12348/13
          BY ADV SRI.P.BHASKARAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.01.2023, ALONG WITH WP(C).20624/2011, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.31273 & 20624 of 2011

                                      2




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 16TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944
                        WP(C) NO. 20624 OF 2011
PETITIONER:

                MOHANAN
                KALADY VEEDU, VARAVOOR VILLAGE,
                THALAPPILLY TALUK,, THRISSUR DISTRICT.
                BY ADVS.
                SRI.P.SANTHOSH (PODUVAL)
                SMT.R.RAJITHA

RESPONDENTS:

     1   THE DISTRICT COLLECTOR, THRISSUR
     2   THE SECRETARY TO GOVERNMENT
         DEPARTMENT OF AGRICULTURE,,
         THIRUVANANTHAPURAM-695 001.
 ADDL.R3 KRISHNANKUTTY NAIR
         CHANGARATH VALIYAVEETTIL HOUSE, VARAVOOR (PO),
         PIN - 680 685, THRISSUR DISTRICT.
 ADDL.R4 K.P.RAVINDRANATHAN
         SON OF PARUKUTTY AMMA, KIZHAKOOTT HOUSE,
         VARAVOOR PO, PIN - 680 685, THRISSUR DISTRICT.

                ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED
                17.11.14 IN IA 12349/13
                BY ADV SRI.P.BHASKARAN


         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 16.01.2023, ALONG WITH WP(C).31273/2011, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.31273 & 20624 of 2011

                                   3




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
            W.P.(C).Nos.31273 & 20624 of 2011
             ----------------------------------------------
           Dated this the 16th day of January, 2023


                            JUDGMENT

These two writ petitions are connected and therefore, I

am disposing these writ petitions by a common judgment.

2. The prayers in these writ petitions are as follows:

W.P.(C). No.31273/2011:

i. Issue a writ of certiorari quashing Exhibit-P1 & Exhibit-P3 orders passed by the 1st respondent and 2nd respondent respectively.

ii. Such other reliefs this Honorable Court deems fit and proper to grant in the facts and circumstances of the case.

(SIC)

W.P.(C). No.20624/2011:

i. Issue a writ of certiorari quashing Exhibit-P1 & Exhibit-P3 orders passed by the 1st respondent and 2nd respondent respectively.

ii. Such other reliefs this Honorable Court deems fit and proper to grant in the facts and WP(C).Nos.31273 & 20624 of 2011

circumstances of the case.

(SIC)

3. The impugned orders in these writ petitions are

passed by the Government by which the direction of the

District Collector to restore the land as paddy land is

confirmed. As per the Kerala Conservation of Paddy Land and

Wetland Act, 2008 (for short, Act 2008), the petitioners have

got remedy to convert the nature of land. The petitioners are

free to approach the competent authority as per Act 2008 for

appropriate remedy. If such an application is filed, the

statutory authority as per Act 2008 will consider those

applications untrammeled by any observation in the impugned

orders in these writ petitions.

With the above observations these writ petitions are

closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).Nos.31273 & 20624 of 2011

APPENDIX OF WP(C) 31273/2011

PETITIONER EXHIBITS EXHIBIT P1 COPY OF ORDER NO.B3-20723/2010 DATED 14.1.2011 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 COPY OF THE REVISION PETITION NO.5207/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 COPY OF THE ORDER DATED 4.7.2011 PASSED BY THE 2ND RESPONDENT WP(C).Nos.31273 & 20624 of 2011

APPENDIX OF WP(C) 20624/2011

PETITIONER EXHIBITS EXHIBIT P1 COPY OF ORDER NO.B3-20723/2010 DATED 14.1.2011 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 COPY OF THE REVISION PETITION NO.5004/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 COPY OF THE ORDER DATED 4.7.2011 PASSED BY THE 2ND RESPONDENT