Kerala High Court
Pulickal Medical Foundation vs The District Collector on 1 April, 2024
WP(C) No.6258/2022 1/4 Order Date : 01-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Monday, the 1st day of April 2024 / 12th Chaithra, 1946
WP(C) NO. 6258 OF 2022
PETITIONER:
PULICKAL MEDICAL FOUNDATION, REPRESENTED BY MANAGING DIRECTOR, DR.
P.V.LOUIS,AGED 61, S/O. (LATE) DR.P.A.VARGHESE, MEDICAL TRUST
HOSPITAL BUILDING, M.G ROAD, COCHIN-16
RESPONDENTS:
1. THE DISTRICT COLLECTOR COLLECTOR, CIVIL STATION, AYYANTHOLE,
THRISSUR DISTRICT, PIN-680003
2. THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA, OFFICE OF THE REVENUE
DIVISIONAL OFFICER, CIVIL STATION ANNEX, IRINJALAKUDA , THRISSUR
DISTRICT,PIN-680 125
3. THE TAHSILDAR, CHALAKUDY TALUK OFFICE, MUNICIPAL TOWN HALL BUILDING,
CHALAKUDY, THRISSUR DISTRICT,PIN-680 307
4. VILLAGE OFFICER, KIZHAKKUMURI VILLAGE, EAST KORATTY P.O, THRISSUR
DISTRICT, PIN-680 565
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit P6, during the pendency of the
above Writ Petition (C).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.V.M.KRISHNAKUMAR & P.R.REENA, Advocates for the petitioner, the court
passed the following:
WP(C) No.6258/2022 2/4 Order Date : 01-04-2024
MOHAMMED NIAS C.P., J
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W.P.(C)Nos.6607, 6258 and 6641 of 2022
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Dated this the 1st day of April, 2024
ORDER
Perused the memo filed by the Senior Government
Pleader, enclosing the copy of the report dated 05.03.2024, submitted
after the completion of the enquiry. The report reveals that orders in
Form Nos.5 and 7 were passed without awaiting the requisite reports
stipulated under the Kerala Conservation of Paddy Land and Wetland
Act.
2. There will be a direction to the Principal Secretary,
Revenue Department or any other competent officer authorised by the
Principal Secretary, not less than the rank of a Secretary to
Government to file an affidavit as to what steps were taken against the
WP(C) No.6258/2022 3/4 Order Date : 01-04-2024
W.P.(C)Nos.6607, 6258 and 6641 of 2022
erring officers following the enquiry conducted and which is
reflected in the enquiry report. An affidavit shall be filed within 6
weeks from today.
Post on 21.05.2024.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SSK/01/04
WP(C) No.6258/2022 4/4 Order Date : 01-04-2024
APPENDIX OF WP(C) 6258/2022
Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE
REVENUE DIVISION OFFICER DATED 25.11.2019
Exhibit P2 TRUE COPY OF THE CHALAN RECEIPT DATED 21.4.2021
Exhibit P3 TRUE COPY OF THE LETTER NO.B6 1151/19 ISSUED BY THE RDO
DATED NIL
Exhibit P3A TRUE COPY OF THE CHALAN RECEIPT DATED 22.03.2021 FOR A
SUM OF RS 12,11,557/-
Exhibit P4 TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE SURVEYOR
Exhibit P5 TRUE COPY OF THE ORDER NO.B6-1151/2019 DATED 31.03.2021
OF THE IRINJALAKUDA REVENUE DIVISIONAL OFFICER
Exhibit P5A TRUE COPY OF THE ORDER NO.B6-5085/2021 DATED 26.04.2021
OF THE IRINJALAKUDA REVENUE DIVISIONAL OFFICER
Exhibit P6 TRUE COPY OF THE STOP MEMO DATED 22.02.2022 ISSUED BY
THE VILLAGE OFFICER
Exhibit P7 TRUE COPY OF THE JUDGMENT REPORTED IN 2021(1) KHC 337
