Thomas Isaac vs The State Of Kerala
2024 Latest Caselaw 8982 Ker

Kerala High Court

Thomas Isaac vs The State Of Kerala on 27 March, 2024

WP(C) No.39416/2023                         1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
            Wednesday, the 27th day of March 2024 / 7th Chaithra, 1946
                            WP(C) NO.39416 OF 2023(B)
   PETITIONER:

          THOMAS ISAAC, AGED 61 YEARS, S/O. LATE JUSTICE M.U. ISAAC,
          MADATHIMYALIL HOUSE, 35/188, NH 47, PALARIVATTOM, COCHIN, PIN -
          682025

   RESPONDENTS:

      1. THE STATE OF KERALA, DEPARTMENT OF AGRICULTURE DEVELOPMENT AND
         FARMERS' WELFARE VIKAS BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY
         ITS SECRETARY, PIN - 695 033
      2. THE REVENUE DIVISIONAL OFFICER - FORT KOCHI AND SUB COLLECTOR,
         ERNAKULAM, 1ST FLOOR BASTION BUNGALOW, K.B. JACOB ROAD, FORT KOCHI,
         COCHIN, PIN - 682 001
      3. THE VILLAGE OFFICER, POONITHURA VILLAGE, SAHODARAN AYYAPPAN ROAD,
         VYTTILA P.O., ERNAKULAM, PIN - 682019


        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

        (a) stay the operation and implementation of Exhibit P4 order of the
   2nd Respondent, to the extent it demands payment of fees for the area
   exceeding 3,000sqft of the existing building, pending hearing and final
   disposal of the Writ Petition

        (b) direct the Respondents by issue of a writ of mandamus or such
   other appropriate writ, direction or order to effect change of nature of
   the property without insisting payment of fees for the area exceeding
   3,000sqft of the existing building, in terms of the Kerala Conservation of
   Paddy Land and Wetland Rules.


        This petition again coming on for admission upon perusing the
   petition and the affidavit filed in support of WP(C) and this Court's
   order dated 27-11-2023 and upon hearing the arguments of M/S.ABRAHAM
   JOSEPH MARKOS, JOHN VITHAYATHIL, P.G.CHANDAPILLAI ABRAHAM, AIBEL MATHEW
   SIBY & ALEXANDER JOSEPH MARKOS, Advocates for the petitioner and of
   GOVERNMENT PLEADER for respondents, the court passed the following:
 WP(C) No.39416/2023                         2/2



                                       ORDER

Post on 04-04-2024, by which time the learned Government Pleader will get instructions as to whether the case of the petitioner is covered by Judgment in Reeta John v. State of Kerala, reported in 2023 KHC 9383.

                                             Sd/- MOHAMMED NIAS C.P. JUDGE




27-03-2024                    /True Copy/                            Assistant Registrar