Johnson K.B vs State Of Kerala
2024 Latest Caselaw 10521 Ker

Kerala High Court

Johnson K.B vs State Of Kerala on 11 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                      WP(C) NO. 7859 OF 2017
PETITIONER:

            JOHNSON K.B.
            AGED 53 YEARS, S/O.BENEDICT, KALATHIPARAMBIL
            HOUSE, KIDANGOOR.P.O., ERNAKULAM DISTRICT-683 572
            BY ADVS.
            SRI.AVANEESH KOYIKKARA
            SRI.LINDONS C.DAVIS

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,
            DEPARTMENT OF AGRICULTURE, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001
    2       THE DISTRICT COLLECTOR
            ERNAKULAM CIVIL STATION, KAKKANAD.P.O.,ERNAKULAM
            DISTRICT-682 030
    3       AGRICULTURAL OFFICER & CONVENOR
            LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN,
            MOOKKANNOR, ERNKAULAM DISTRICT- 683 572
            BY ADVS.
            BY ADV.SRI.RIYAL DEVASSY, GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   11.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.7859 of 2017

                                  2




                P.V.KUNHIKRISHNAN, J.
        ---------------------------------------------
               W.P.(C) No. 7859 of 2017
    ------------------------------------------------------
          Dated this the 11th day of April, 2024.


                          JUDGMENT

This writ petition is filed by the petitioner

seeking the following reliefs:

"i. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to Consider and pass orders on Ext. P2 within a time frame fixed by this Hon'ble court.

ii. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to permit petitioner for utilizing the land for the purposes other than Cultivation.

iii. To declare that the petitioner's property is not a paddy land and therefore the petitioner is entitled to utilize the land for purposes other than agriculture.

iv. And to pass such other appropriate

orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."[SIC]

2. The main prayer in this Writ petition is to

issue a direction to the 2nd respondent to consider

and pass orders on Ext.P2 application submitted by

the petitioner. In the light of the Kerala Conservation

of Paddy Land and Wet Land Act, 2008, the petitioner

has got a remedy to change the nature of the land.

Granting liberty to the petitioner to do the

needful in accordance with the Kerala Conservation of

Paddy Land and Wet Land Act, 2008, this Writ

petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 7859/2017

PETITIONER EXHIBITS P1 TRUE COPY OF LETTER DATED 21.2.2017 OF AGRICULTURAL OFFICER, MOOKKANNOR ALONG WITH RELEVANT PAGE OF DATA BANK REGISTER P2 TRUE COPY OF APPLICATION AS PER KLU ORDER DATED 4.2.2017 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE