Dr. Joseph Kavirayor Ethelbert vs The State Of Kerala
2024 Latest Caselaw 33627 Ker

Kerala High Court

Dr. Joseph Kavirayor Ethelbert vs The State Of Kerala on 21 November, 2024

WP(C) NO. 36001 OF 2024      1


                                             2024:KER:87437
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA,

                            1946

                  WP(C) NO. 36001 OF 2024

PETITIONER:

          DR. JOSEPH KAVIRAYOR ETHELBERT,
          AGED 60 YEARS
          SON OF LATE E. FRANCIS, RESIDING AT 69/1230,
          KAVIRAYOR HOUSE, PAUL ABRAO ROAD, NEAR NORTH
          RAILWAY STATION, ERNAKULAM NORTH, PIN - 682018


          BY ADVS.
          ABRAHAM GEORGE JACOB
          SHAHNA
          M.R.ATHUL


RESPONDENTS:

          THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
          OF KERALA IN THE DEPARTMENT OF REVENUE,
    1
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
          - 695001

          THE DISTRICT COLLECTOR,
          COLLECTORATE, 1ST FLOOR, CIVIL STATION, KAKKANAD
    2
          ERNAKULAM, PIN - 682030

          THE REVENUE DIVISIONAL OFFICER,
          FIRST FLOOR, KB JACOB RD, FORT KOCHI, KOCHI,
    3
          KERALA, PIN - 682001

    4     BRIGIT ANTONY,
          AGED 76 YEARS
 WP(C) NO. 36001 OF 2024    2


                                           2024:KER:87437
         WIFE OF ANTONY RESIDING AT CC 43/340, KAPPATTIL
         HOUSE, THRIKANARVATTOM, ERNAKULAM NORTH P.O.,
         ERNAKULAM DISTRICT, PIN - 682018

         FR. WILSON ANTONY,
         SON OF LATE ANTONY, KAPPATTIL HOUSE,
         THRIKANARVATTOM, ERNAKULAM NORTH P.O., ERNAKULAM
         DISTRICT, PIN-682018 AND PRESENTLY RESIDING AT
    5    C/O. FR. AUGUSTINE MULLOOR, PROVINCIAL SUPERIOR,
         ST. PIUS X CARMELITE PROVINCIAL HOUSE, P.B. NO.
         27, NEAR PUSHPARAM, SUNDARGIRI, NORTH
         KALAMASSERY, ERNAKULAM, PIN - 683104


         BY ADVS.
         T.K.RADHAKRISHNAN THRIKKAYIL MADOM
         S.SREEDEVI(ALP)(K/580/2000)
         T.R.HARI KRISHNAN(K/314/2016)


OTHER PRESENT:

         SMT.PREETHA K.K., SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 36001 OF 2024                    3


                                                                            2024:KER:87437


                       MOHAMMED NIAS C.P., J
             ............................................................
                       W.P.(C) No.36001 of 2024
                .............................................................
           Dated this the 21st day of November, 2024


                                    JUDGMENT

The learned counsel for the petitioner submits that the

petitioner had preferred Ext.P3 complaint before the 3 rd

respondent against the illegal filling in violation of the

permission granted by Ext.P2, under Section 27 A of the Kerala

Conservation of Paddy Land and Wetland Act, 2008. Since Ext.P3

is pending before the 3rd respondent, there will be a direction to

the 3rd respondent to hear the writ petitioner and the respondent

Nos.4 and 5 and take appropriate decision in accordance with law,

within one month from the date of receipt of a copy of this

judgment. All the contentions to the parties are left open.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE Anu

2024:KER:87437

APPENDIX OF WP(C) 36001/2024

PETITIONER EXHIBITS

TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY OF RESPONDENTS 4 AND 5 Exhibit P1 ISSUED BY THE ERNAKULAM VILLAGE OFFICE DATED 16/04/2021

TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 15/01/2024 IN FILE NO. Exhibit P2 3291 OF 2023

TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 3RD Exhibit P3 RESPONDENT DATED 18/07/2024