Sony Joseph vs The District Collector
2024 Latest Caselaw 15293 Ker

Kerala High Court

Sony Joseph vs The District Collector on 5 June, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                 THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

         WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946

                           WP(C) NO. 26143 OF 2016


PETITIONER/S:

            SONY JOSEPH,
            AGED 38 YEARS
            W/O LATE ANTAPPAN AMBIYAYAM, AMBIYAYATHU, EDATHUA P.O, EDATHUA.

            BY ADVS.
            S.SANAL KUMAR (SR.)
            BHAVANA VELAYUDHAN
            T.J.SEEMA

RESPONDENT/S:

     1      THE DISTRICT COLLECTOR,
            ALAPPUZHA 688001.

     2      THE REVENUE DIVISIONAL OFFICER,
            ALAPPUZHA 688 004.

     3      THE EDATHUA GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY, EDATHUA, ALAPPUZHA DISTRICT
            689573.

     4      STATE OF KERALA,
            REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
            THIRUVANANTHAPURAM 695001.

  ADDL.R5   LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY ITS CONVENER, EDATHUA GRAMA PANCHAYATH, EDATHUA,
            ALAPPUZHA DISTRICT-689 573.

            IS IMPLEADED AS PER ORDER DATED 29.09.2016 IN IA 15010/16

            BY ADVS.
            SRI.MVS.NAMBOOTHIRY
            M.V.S.NAMPOOTHIRY



OTHER PRESENT:

            SRI. BIMAL K NATH- SR. G.P, SRI. K.B DAYAL- SC


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.06.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.26143 of 2016           2


                          JUDGMENT

The petitioner has approached this Court to declare that

Section 3A of the Kerala Conservation of Paddy Land and

Wetland Act, 2008 (Act 28 of 2008), (for short, the Act), as

unconstitutional and also challenging Ext.P7 order by which

Application for numbering of her building was rejected on

the ground that the petitioner did not obtain Order

permitting conversion of her land which is shown as wet

land.

2. Since Section 3A of the Act is not in the statute book

now, the first prayer has become infructuous. With regard to

the challenge against Ext.P7, as per the law existing now, the

petitioner has to make necessary Application under Section

27A of the Act.

Hence, this writ petition is dismissed with liberty to the

petitioner to file application under Section 27A of the Act

and thereafter to apply for the numbering of the building.

Sd/-

M.A.ABDUL HAKHIM JUDGE Shg

APPENDIX OF WP(C) 26143/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FEATURE APPEARED IN THE SUNDAY SUPPLEMENT OF MALAYALA MANORAMA ABOUT THE PETITIONER'S HUSBAND DATED 30-06-2013

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED DATED 20-07-2013

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO B 2104/12/K.DIS DATED 14-09-2012 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, EDATHUA DATED 17-03-2016

EXHIBIT P5 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE COMMITTEE SEEKING DONATIONS.

EXHIBIT P6 TRUE PHOTOGRAPHS SHOWING THE LIE AND LOCATION OF THE COMPLETED BUILDING.

EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER NO A2 2826/2016 DATEED 27-04-2016 ISSUED BY THE 3RD RESPONDENT.