Kerala High Court
Mathunny Tharakan vs State Of Kerala on 15 November, 2024
2024:KER:85505
WP(C).NO.40292/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
WP(C) NO. 40292 OF 2024
PETITIONER:
MATHUNNY THARAKAN, AGED 71 YEARS,
S/O.CHACKO THARAKAN, PLAVILAPUTHENVEEDU, CHOWALLOOR,
EDAKKIDAM.P.O, KOLLAM, PIN - 691505.
ADV. SRI. K.JAJU BABU (SR.) ALONG WITH ADVS.
M/S.M.U.VIJAYALAKSHMI & BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
AGRICULTURE (NCA) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT COLLECTOR, KOLLAM,
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM,
PIN - 691013.
3 THE SUB COLLECTOR, KOLLAM, OFFICE OF THE SUB COLLECTOR,
COLLECTORATE,KOLLAM, PIN - 691013.
4 THE GEOLOGIST, KOLLAM, OFFICE OF THE GEOLOGIST,
CHAMKKADA, KOLLAM, PIN - 691001.
5 THE PRINCIPAL AGRICULTURAL OFFICER, KOLLAM,
OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER, VIDYA
NAGAR, KOLLAM, PIN - 691013.
6 THE VILLAGE OFFICER, VILLAGE OFFICE, MUNDROTHURUTHU,
MUNROE ISLAND, KOLLAM, PIN - 691502.
2024:KER:85505
WP(C).NO.40292/2024
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7 THE STATION HOUSE OFFICER,
EAST KALLADA POLICE STATION, KOLLAM, PIN - 691001.
8 THE SECRETARY,
MUNDROTHURUTHU GRAMA PANCHAYATH,OFFICE OF THE
MUNDROTHURUTHU GRAMA PANCHAYATH, MUNROE ISLAND-
CHITTUMALA ROAD, KOLLAM, PIN - 691502.
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85505
WP(C).NO.40292/2024
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 40292 of 2024
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Dated this the 15th day of November, 2024
JUDGMENT
Against Ext.P4, an order passed under Section 13 of the Kerala Conservation
of Paddy Land and Wetland Act, 2008, the petitioner has preferred Ext.P5 revision
and also, Ext.P6 stay petition. It is seen from Exts.P7 and P8 that the revision has
been received and forwarded to the 1st respondent for consideration.
2. In view of the above, there will be a direction to the 1 st respondent to
consider Ext.P5 revision with notice to the petitioner and other affected parties,
if any, within four months from the date of receipt of a copy of this judgment.
There will be a further direction to the 1 st respondent to pass orders on Ext.P6
stay petition within one month from today. Till orders are passed, as directed
above, status quo as on today shall be maintained.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
2024:KER:85505
APPENDIX OF WP(C).NO.40292/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 3-6-2024
PROVING PAYMENT OF TAX IN RESPECT OF THE
PROPERTIES OF THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 16-11-2022 OF
THIS HON'BLE COURT IN WP(C)NO.36611/2022
EXHIBIT P3 TRUE COPY OF ORDER NO.353/2022 DATED 21-12-
2022 OF THE 6TH RESPONDENT
EXHIBIT P4 TRUE COPY OF ORDER NO.DCKLM/14256/2022-L10
DATED 13-2-2023 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE REVISION PETITION DATED 21-
2-2023 SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE STAY PETITION DATED 21-2-
2023 FILED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
EXHIBIT P7 TRUE COPY OF COMMUNICATION NO.REV-P1/69/2023-
REV DATED 27-2-2023 ISSUED BY THE ADDITIONAL
CHIEF SECRETARY, REVENUE DEPARTMENT TO THE
PETITIONER
EXHIBIT P8 TRUE COPY OF COMMUNICATION
NO.40/NCA2/2023/AGRI DATED 9-3-2023 OF THE
1ST RESPONDENT ADDRESSED TO RESPONDENTS 2 AND
EXHIBIT P9 TRUE COPY OF THE NOTIFICATION IN GAZETTE
NO.S.C.2/1524/2024 DATED 9-9-2024 PUBLISHED
BY THE 8TH RESPONDENT SECRETARY OF THE
MUNDROTHURUTH GRAMA PANCHAYATH
