Jeril Mary John vs State Of Kerala
2023 Latest Caselaw 11180 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                           WP(C) NO. 35400 OF 2023
PETITIONER:

              JERIL MARY JOHN, AGED 41 YEARS
              W/O.PRADEEP, RESIDING AT PUTHENPURAYIL HOUSE,
              MELKULANGARA, VAYAKKAL P.O., KOTTARAKKARA,
              KOLLAM DISTRICT, PIN - 691532

              BY ADVS.
              T.MADHU
              B.S.SURAJ KRISHNA
              C.R.SARADAMANI
              VRINDA T.S.
              RENJISH S. MENON
              AISWARYA JAYAPAL



RESPONDENTS:

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

     2        THE SECRETARY TO GOVERNMENT
              REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001

     3        THE DISTRICT COLLECTOR
              KOLLAM, CIVIL STATION, KOLLAM DISTRICT,
              PIN - 691013

     4        THE REVENUE DIVISIONAL OFFICER
              PUNALUR, KOLLAM DISTRICT, PIN - 691305

     5        THE TAHSILDAR
              KOTTARAKKARA TALUK, KOLLAM DISTRICT,
              PIN - 691506

     6        THE VILLAGE OFFICER
              VALAKAM VILLAGE, KOLLAM DISTRICT,
              PIN - 691532
 WP(C) No.35400 of 2023                      2



     7       THE AGRICULTURE OFFICER
             KRISHI BHAVAN UMMANNOOR, KOLLAM DISTRICT,
             PIN - 691520

OTHER PRESENT:

             GP - SYAMANTHAK B.S.



         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.10.2023,   THE   COURT   ON   THE       SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.35400 of 2023                                  3




                               VIJU ABRAHAM, J.
               .................................................................
                          W.P (C) No.35400 of 2023
               .................................................................
                Dated this the 27th day of October, 2023


                                     JUDGMENT

Petitioner has approached this Court seeking a direction to the

2nd respondent to consider and pass orders on Ext.P3 revision petition

and Ext.P4 stay application within a time frame fixed by this Court.

2. Petitioner is the owner in possession of 15.63 Ares of landed

property made up of 13 Ares in re-survey no.221/8 and 2.63 Ares in re-

survey no.214/27-3 in Block no.26 of Valakam Village. The property

having an extent of 13 Ares in re-survey no.221/8 of Valakam Village is

categorised as paddy land. While so, on 21.09.2023 the 3 rd respondent

has passed Ext.P2 order under Section 13 of the Kerala Conservation

of Paddy Land and Wetland Act, 2008 stating that the property which is

included in the data bank has been reclaimed by the petitioner for fish

cultivation by removing the clay and converting it as a pond. Aggrieved

by the same petitioner has preferred Ext.P3 revision petition along with

Ext.P4 stay application.

3. Heard the learned Government Pleader also.

After hearing both sides I am inclined to dispose of the writ

petition with a direction to the 2 nd respondent to consider and pass

orders on Ext.P3 revision petition as expeditiously as possible, at any

rate within an outer limit of three months from the date of receipt of a

copy of the judgment. It is further ordered that till a final decision is

taken on Ext.P3 revision petition, all coercive steps pursuant to Ext.P2

order shall be kept in abeyance. It is further ordered that the petitioner

shall maintain status quo regarding the nature and lie of the property in

question.

With the abovesaid direction, the above writ petition is disposed

of.

Sd/-

VIJU ABRAHAM JUDGE

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APPENDIX OF WP(C) 35400/2023

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL02041706649/2021 DATED 4/10/2021 ISSUED BY THE SIXTH RESPONDENT

Exhibit-P2 THE TRUE COPY OF THE ORDER DATED 21/9/2023 BEARING NO.DCKLM/8670/2023- L10 DATED 21/9/2023 OF THE THIRD RESPONDENT

Exhibit-P3 THE TRUE COPY OF THE REVISION PETITION DATED 13/10/2023 PREFERRED BY THE PETITIONER BEFORE THE SECOND RESPONDENT

Exhibit-P4 THE TRUE COPY OF THE STAY APPLICATION DATED 13/10/2023 PREFERRED BY THE PETITIONER ALONG WITH EXHIBIT P3 REVISION PETITION BEFORE THE SECOND RESPONDENT