Bose vs The State Of Kerala
2024 Latest Caselaw 13295 Ker

Kerala High Court

Bose vs The State Of Kerala on 23 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 20639 OF 2016            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                          WP(C) NO. 20639 OF 2016
PETITIONER/S:
          BOSE
          AGED 47 YEARS
          S/O SAMUEL, AGED 47 YEARS, RESIDING IN KORAMBANARI
          KUNNEL HOUSE, KIZHAKKUM BHAGOM P.O, NIRANAM,
          PATHANAMTHITTA DISTRICT.

               BY ADV SRI.PRAMOD J.DEV


RESPONDENT/S:
     1    THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
          AGRICULTURE, STATE SECRETARIAT, THIRUVANANTHAPURAM.

      2        THE DISTRICT COLLECTOR
               PATHANAMTHITTA DISTRICT 691 523.

      3        THE REVENUE DIVISIONAL OFFICER
               ADOOR, PATHANAMTHITTA DISTRICT 691 523.

      4        THE AGRICULTURAL OFFICER
               KRISHI BHAVAN, NIRANAM, PATHANAMTHITTA DISTRICT 689
               621.

      5        THE LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENER, NIRANAM, PATHANAMTHITTA
               DISTRICT 689 621.


OTHER PRESENT:
          SRI.RIYAL DEVASSY, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20639 OF 2016              2




                       P.V.KUNHIKRISHNAN, J
                     --------------------------------------
                      W.P.(C.) No. 20639 of 2016
                     --------------------------------------
                 Dated this the 23rd day of May, 2024



                                JUDGMENT

The above writ petition is filed with following prayers :

"i. A writ of certiorari or such other writ, direction or order quashing Exhibit P2 and Exhibit P10.

ii) A writ of mandamus, or such other writ, direction, or order directing the respondents to grant permission to the petitioner to reclaim the land lying to Re Sy. No. 626/3-2 in Niranam Village, Pathanamthitta District for the purpose of constructing a house thereon.

iii) Such other orders as is prayed for pendente lite and as is deemed fit, just and proper by this Hon'ble Court on the facts and circumstances of the case." [sic]

2. When this writ petition came up for consideration, the

learned counsel for the petitioner submitted that the petitioner

want to file appropriate application as per the provisions of the

Kerala Conservation of Paddy Land and Wetland Act, 2008.

Granting liberty to the same, this writ petition can be closed.

Liberty is granted and the writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 20639/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER

EXHIBIT P2 ORDER NO B4-4339/14/K.DIS DATED 16-09-2014 PASSED BY THE THIRD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 19-12-

2012 ISSUED BY THE VELLALANKERI PAADASHEKHARA NELLULPAADAKA SAMITHI

EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER SUBMITTED BEFORE THE THIRD RESPONDET.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 29-06- 2012 ISSUED BY THE VILLAGE OFFICER, NIRANAM

EXHIBIT P6 TRUE COPY OF THE CONSENT LETTER DATED 12- 08-2013 ISSUED BY THE OWNER OF THE ADJACENT PROPERTY

EXHIBIT P7 TRUE COPY OF THE APPEAL DATED 31-10-2014 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE PETITION TO CONDONE THE DELAY DATED 31-10-2014 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT P9 TRUE COPY OFTHE JUDGMENT DATED 14-01-2015 IN WP(C) NO 1303 OF 2015 PASSED BY THIS HON'BLE COURT.

EXHIBIT P10 TRUE COPY OF THE ORDER NO C4-41432/2014 DATED 14-12-2015 PASSED BY THE 2ND RESPONDENT.