Abdul Rasheed vs The District Collector
2024 Latest Caselaw 9332 Ker

Kerala High Court

Abdul Rasheed vs The District Collector on 3 April, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                        WP(C) NO. 19000 OF 2015
PETITIONER/S:

          ABDUL RASHEED
          AGED 49 YEARS, S/O. P ABDUL RAHIMAN, NHRAPOYIL HOSUE,
          NANMANDA P.O., KOZHIKODE - 673 613.

          BY ADV SRI.NIRMAL. S



RESPONDENT/S:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KOZHIKODE - 673 001.

    2     THE VILLAGE OFFICER
          NANMANDA VILLAGE, KOZHIKODE - 673 613.

    3     THE AGRICULTURAL OFFICER
          NANMANDA VILLAGE, KOZHIKODE - 673 613.

    4     THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF AGRICULTURE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
          [SUO MOTO IMPLEADED AS PER JUDGMENT DATED 03-04-2024 IN
          WPC No.14181/2015]


OTHER PRESENT:

          SRI.VENUGOPAL - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.19000/2015                    -2-

                                JUDGMENT

The petitioner suffered an order under Section 13 of the Kerala Conservation

of Paddy Land and Wetland Act, 2008 (In short 'the Act 2008'). The said order

dated 27-05-2015 is on record as Ext.P7. The petitioner has, after the filing of the

writ petition filed a revision petition challenging Ext.P7 order before the

Government. Taking into consideration of the fact that the petitioner has already

invoked a revisional jurisdiction of the Government, the writ petition will stand

disposed of directing that the Secretary to Government, Department of Agriculture,

Government Secretariat, Thiruvananthapuram shall consider and pass orders on

Ext.P9 revision petition in accordance with the law and after affording an

opportunity of hearing to the petitioner if the same has not already been disposed

of. If the petitioner is aggrieved by any order issued or to be issued by the

Government on the revision petition filed by the petitioner, it is open to the

petitioner to challenge the said order in accordance with the law.

Reserving such liberty to the petitioner and leaving open all contentions

taken in the writ petition, this writ petition is closed. In order to enable

consideration of the revision petition by the Secretary to Government, Department

of Agriculture, Government Secretariat, Thiruvananthapuram, the said officer is suo

moto impleaded as additional 4th respondent to the writ petition.

Sd/-

GOPINATH P. JUDGE AMG

APPENDIX OF WP(C) 19000/2015

PETITIONER EXHIBITS

P1 - TRUE COPY OF THE SAID DOCUMENT DT. 06.3.03.

P2 - TRUE COPY OF THE DOCUMENT WAS PRODUCED.

P3 - TRUE COPY OF THE SAID DOCUMENT DT. 10.01.12.

P4 - TRUE COPY OF THE SETTLEMENT DEED DT. 20.6.12.

P5 - TRUE COPY OF THE LETTER DT. 29.4.15.

P6 - TRUE COPY STATEMENT FILED BY THE PETITIONER.

P7 - TRUE COPY OF THE ORDER DR. 27.5.15.

P8 - TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 12.6.15.

P9 - TRUE COPY OF THE REVISION FILED DATED 11-07-2015 ALONG WITH THE POSTAL RECEIPT.