Lisi vs State Of Kerala
2023 Latest Caselaw 11434 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
      WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                           WP(C) NO. 34644 OF 2023
PETITIONER:

              LISI, AGED 62 YEARS
              W/O.JACOB, KALATHINGAL HOUSE,
              KALLETTUKARA.P.O, ALOOR,
              THRISSUR, PIN - 680683

              BY ADVS.
              LINDONS C.DAVIS
              E.U.DHANYA
              CHINJU P. JOYIES
              N.S.SHAMILA
              RAZAK MEPURATH



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY,
              REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001

     2        DISTRICT COLLECTOR, THRISSUR
              CIVIL STATION, CIVIL LINES RD,
              KALAYAN NAGAR AYYANTHOLE , THRISSUR, PIN - 680003

     3        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE,
              IRINJALAKKUDA, MINI CIVIL STATION, CHEMMANNA ROAD,
              IRINJALAKKUDA NORTH, THRISSUR DT, PIN - 680125

     4        TAHSILDAR, CHALAKUDY
              CHALAKUDY TALUK OFFICE MUNICIPAL
              TOWN HALL COMPLEX, CHALAKUDY,
              THRISSUR DISTRICT, PIN - 680307

     5        VILLAGE OFFICER, ALOOR
              VILLAGE OFFICE, ALOOR, THRISSUR, PIN - 680683

     6        LOCAL LEVEL MONITORING COMMITTEE
              (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
              KRISHI BHAVAN, ALOOR, KOMBODINJAMAKKAL,
              THRISSUR, PIN - 680697
 WP(C) No.34644 of 2023               2




     7      AGRICULTURAL OFFICER,
            KRISHI BHAVAN, ALOOR, KOMBODINJAMAKKAL,
            THRISSUR, PIN - 680697

OTHER PRESENT:

            GP - SYAMANTHAK B.S.



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.34644 of 2023                                  3



                                 VIJU ABRAHAM, J.
                 .................................................................
                            W.P (C) No. 34644 of 2023
                 .................................................................
                 Dated this the 8th day of November, 2023


                                       JUDGMENT

Petitioner has approached this Court seeking a direction to the 3 rd

respondent to consider and pass orders on Ext.P6 representation.

Petitioner is the absolute owner and title holder of an extent of 48.02 Ares

of land comprised in survey no.397/2-5 of Aloor Village in Thrissur District.

Petitioner submits that the property is lying as garden land at the time of

coming into force of the Kerala Conservation of Paddy Land and Wetland

Act, 2008 and thereupon Ext.P3 application in Form 7 as per Section 27A

of the Act 2008 was filed which was allowed as per Ext.P5. Towards

consideration of Ext.P5 application petitioner has produced Ext.P4 sketch

showing the property set apart for water conservancy measures, which is

on the northern side of the petitioner's property. Petitioner has a grievance

that by setting apart properties as per Ext.P4 sketch for water

conservancy measures, the width of the property is very much reduced

and the land has become unfit for proper usage. Thereupon petitioner

preferred Ext.P6 representation before the 3 rd respondent along with

Ext.P7 new sketch of the property which he propose to set apart for water

conservancy measures. Ext.P6 representation along with Ext.P7 sketch

has been duly received by the 3 rd respondent as is evident from Ext.P8.

Petitioner seeks for an expeditious disposal of the same by the 3rd

respondent.

2. Heard the learned Govt. Pleader also.

From the averment in the writ petition it appears that the specific

case of the petitioner is that due to setting apart of the property for water

conservancy measures as per Ext.P4, the width of the property of the

petitioner is reduced and the land will become unfit for proper usage and it

is in the said circumstance that petitioner has preferred Ext.P6

representation along with Ext.P7 new sketch. Therefore the above writ

petition is disposed of with a direction to the 3 rd respondent to consider

and pass orders on Ext.P6 representation and Ext.P7 sketch submitted by

the petitioner and take a final decision in the matter after affording an

opportunity of being heard to the petitioner within an outer limit of two

months from the date of receipt of a copy of the judgment.

With the abovesaid direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 34644/2023

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE TAX RECEIPT DATED 21.04.2022 OF ALOOR VILLAGE OFFICE

Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED 30.01.2023 ISSUED BY THE ALOOR VILLAGE OFFICE

Exhibit P3 A COPY OF FORM.7 APPLICATION DATED 10.10.2022 UPLOADED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P4 A COPY OF THE SKETCH DATED 20.01.2023 OF THE PETITIONER'S PROPERTY, SET APART FOR WATER CONSERVANCY MEASURES

Exhibit P5 A COPY OF ORDER IN FILE NO.684/2023 DATED 01.03.2023 OF THE 3RD RESPONDENT

Exhibit P6 A COPY OF THE REPRESENTATION DATED 07.09.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P7 A COPY OF THE NEW SKETCH DATED 19.08.2023 OF THE PETITIONER'S PROPERTY, TO SET APART 10% OF LAND FOR WATER CONSERVANCY MEASURES

Exhibit P8 A COPY OF THE POSTAL ACKNOWLEDGMENT