Kerala High Court
Antony V.D vs State Of Kerala on 5 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 7994 OF 2015
PETITIONER:
ANTONY V.D
AGED 38 YEARS, S/O.DEVASY,
VETTACKAL (H), SOUTH JANATHA ROAD,
POONITHURA VILLAGE, KANAYANUR TALUK,
ERNAKULAM. - 683 025.
BY ADVS.
SRI.PRAVEEN K. JOY
SRI.T.A.JOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR
ERNAKULAM - 682 030.
3 REVENUE DIVISION OFFICER
FORT KOCHI, ERNAKULAM - 682 002.
4 THE LOCAL LEVEL MONITORING COMMITTEE
POONITHURA, KANAYANNUR,
ERNAKULAM DISTRICT - 682 038.
5 THE AGRICULTURAL OFFICER
AGRICULTURAL DEPARTMENT, COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT - 682 030.
6 THE KERALA STATE POLLUTION CONTROL BOARD
ERNAKULAM, PIN-- 682 030,
REPRESENTED BY EXECUTIVE ENGINEER.
W.P.(C) No.7994/2015
-:2:-
7 THE VILLAGE OFFICER
POONITHURA VILLAGE, ERNAKULAM DISTRICT - 682 038.
8 PAUL ALUKKA
S/O.VARKEY, ALUKKA VEEDU, KADAVANTHRA,
ERNAKULAM - 682 020.
9 VINU PAUL
S/O. PAUL, ALUKKA VEEDU, KADAVANTHRA,
ERNAKULAM - 682 020.
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE POLLUTION
CONTROL BOARD,
SRI.S.ANANTHAKRISHNAN
SRI.P.MOHAMMED ANZARI
SRI.N.K.SUBRAMANIAN
SRI.BINOY DAVIS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7994/2015
-:3:-
JUDGMENT
This writ petition was filed with the grievance that
respondent Nos.8 and 9 were developing a property which is
described as paddy land in the revenue records.
2. It is evident from the counter affidavit filed by
respondent Nos.8 and 9 that the land in question was converted
land as per the data-bank prepared under the provisions of the
Kerala Conservation of Paddy Land and Wetland Act, 2008, and
that a building permit was issued for the construction of a
building on the said land, and that the building has already been
constructed and occupancy certificate etc. have also been issued
in respect of the building.
In that view of the matter, I am of the opinion that nothing
further survives for consideration in this writ petition and it is
accordingly dismissed.
Sd/-
GOPINATH P.
ats JUDGE
APPENDIX OF WP(C) 7994/2015
PETITIONER'S EXHIBITS
EXT.P1: THE TRUE PHOTOCOPY OF THE STOP MEMO DATED
19/07/2014 ISSUED BY THE VILLAGE OFFICER,
POONITHURA.
EXT.P2: THE TRUE PHOTOCOPY OF THE THANDAPER REGISTER
OF POONITHURA VILLAGE.
EXT.P3: THE TRUE COPY OF THE COMPLAINT DATED
02/03/2015 BEFORE THE 7TH RESPONDENT.
EXT.P4: THE TRUE PHOTOGRAPHS OF THE ILLEGALLY
CONVERTED PADDY FIELD.
EXT.P5: THE TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 02/03/2015 BEFORE THE 2ND AND 3RD
RESPONDENT.
RESPONDENT'S EXHIBITS
EXT.R8(a): TRUE COPY OF LETTER APPLICATION DT.20.02.2015
FILED BY MR.RAJESH UNDER THE RTI ACT.
EXT.R8(b): TRUE COPY OF THE POLICE COMPLAINT DT.9.2.2015
FILED BY THE 8THRESPONDENT AGAINST RAJESH.
EXT.R8(c): TRUE COPY OF THE POLICE COMPLAINT DT.
22.1.2015 FILED BY THE 8THRESPONDENT AGAINST
RAJESH.
EXT.R8(d): TRUE OF THE RELEVANT PAGES OF DATA BANK WITH
REGARD LANDS IN SY.NO.224/1 OF POONITHURA
VILLAGE.
EXT.R8(e): TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF SMT.LUCY PAUL.
EXT.R8(f): TRUE COPY OF THE REPLY DT.18.6.2015 FILED THE
8TH RESPONDENT TO EXT.P1.
EXT.R8(g): TRUE COPY OF THE BUILDING PERMIT
DT.21.6.2015.
EXT.R8(h): TRUE COPY OF THE CONSENT ISSUED BY THE 6TH
RESPONDENT.
EXT.R8(i): TRUE COPY OF THE LOCATION SKETCH ISSUED BY
THE 7TH RESPONDENT
EXT.R8(j): TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED
BY THE 7TH RESPONDENT.
EXT.R8(k): TRUE COPY OF THE CERTIFICATE DT.2.3.2015
ISSUED BY THE 7TH RESPONDENT.
EXT.R8(l): TRUE COPY OF THE PHOTOGRAPHS OF THE LAND.
