Devarajan vs District Collector
2024 Latest Caselaw 32416 Ker

Kerala High Court

Devarajan vs District Collector on 8 November, 2024

WP(C) NO. 35551 OF 2024

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                                                             2024:KER:83265

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                          WP(C) NO. 35551 OF 2024

PETITIONER:

            DEVARAJAN,
            AGED 42 YEARS
            NELLIPARAMBIL (H), CHOORACODE KARA,
            PATIIMATTOM P.O, ERNAKULAM DISTRICT, PIN - 683562

            BY ADVS.
            JESTIN MATHEW
            BASIL KURIAKOSE


RESPONDENTS:

    1       DISTRICT COLLECTOR,
            COLLECTORATE, KAKKANAD,
            ERNAKULAM, PIN - 682030

    2       VILLAGE OFFICER,
            VILLAGE OFFICE, PATTIMATTOM,
            PATTIMATTOM, KERALA, PIN - 683562

    3       AGRICULTURAL OFFICER,
            KRISHI BHAVAN, KIZHAKKAMBALAM,
            KERALA, PIN - 683562

    4       REJI,
            NODIAN (H), PATIIMATTOM P.O,
            ERNAKULAM DISTRICT, PIN - 683562

            BY ADV MANOJ P KUNJACHAN
OTHER PRESENT:

            SMT.PREETHA K.K., SR.GP
     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35551 OF 2024

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                                                                   2024:KER:83265

                            MOHAMMED NIAS C.P., J
                           =========================
                            W.P(C) No. 35551 of 2024
                           =========================
                    Dated this the 8th day of November, 2024


                                 JUDGMENT

The prayer in the writ petition is for a direction to the 1 st respondent to

take further proceedings on Ext.P5 report in terms of Section 13 of the Kerala

Conservation of Paddy Land and Wetland Act and Rules, 2008. An allegation of

illegal reclamation was made against the 4th respondent, who filed a counter

stating that his application under Form 5, Exts.R4(a) and R4(c) under the Act and

rules are pending consideration before the Revenue Divisional Officer.

Accordingly, there will be a direction to the 1st respondent to decide on

the further course of action pursuant to Ext.P5 with notice to the petitioner and

the 4th respondent and pass orders, in accordance with law, within three months

from the date of receipt of a copy of the judgment. It is made clear that I have not

expressed anything on the merits of the case and it is for the 1st respondent to

consider the rival contentions and decide.

Sd/-

MOHAMMED NIAS C.P. JUDGE LU WP(C) NO. 35551 OF 2024

2024:KER:83265

APPENDIX OF WP(C) 35551/2024

PETITIONER EXHIBITS :

EXHIBIT P1 COMPLAINT DATED 19.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P2 REPORT DATED 18.05.2023 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT P3 LETTER DATED 29.05.2023 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P4 REPORT DATED 26/09/2023 SUBMITTED BY 4TH RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT P4(A) PERFORMA OBTAINED BY THE PETITIONER UNDER RTI, ACT 2005 DATED NIL ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4(B) RELEVANT PAGES OF THE DATA BANK OF PATTIMATTOM VILLAGE OBTAINED BY THE PETITIONER UNDER RTI ACT 2005 DATED NIL ISSUED BY THE 4TH RESPONDENT

EXHIBIT P5 REPORT DATED 06.03.2024 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT

EXHIBIT P6 REPRESENTATION DATED 12.06.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

RESPONDENT EXHIBITS :

EXHIBIT R4(A) TRUE COPY OF THE APPLICATION BEARING NO.

1/2024/2189606 AS FAR AS PROPERTIES COMPRISED

DATED 13/09/2024

EXHIBIT R4(B) TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF EXT R4(A) BEARING NO. KL07050409770/2024 DATED 13/09/2024

EXHIBIT R4(C) TRUE COPY OF THE APPLICATION BEARING NO.

2/2024/2189606 AS FAR AS PROPERTIES COMPRISED IN SURVEY NUMBER 367/2 DATED 13/09/2024

EXHIBIT R4(D) TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF WP(C) NO. 35551 OF 2024

2024:KER:83265

EXT R4(C) BEARING NO. KL07050409771/2024 DATED 13/09/2024

// True Copy // PA To Judge