Blessy Boban vs The Village Officer
2024 Latest Caselaw 26293 Ker

Kerala High Court

Blessy Boban vs The Village Officer on 3 September, 2024

                                                         2024:KER:67152
R.P.NO.903/2024

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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

     TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                             RP NO. 903 OF 2024

         AGAINST THE JUDGMENT DATED 9.7.2024 IN WP(C) NO.42400 OF 2022

                          OF HIGH COURT OF KERALA

REVIEW PETITIONERS:

     1       BLESSY BOBAN, AGED 38 YEARS,
             W/O. SIJO PAULOSE, D/O.BOBAN ABRAHAM, PALAMAYIL HOUSE,
             MAKKIYAD P.O., KANJIRANGADU VILLAGE, MANANTHAVADY
             TALUK, WAYANAD, NOW WORKING AND RESIDING AT AL MAZOON
             BUILDING, FLAT 309, DAMASCUS STREET, AL QUSAIS, DUBAI,
             UAE, P.O. BOX 34780 REPRESENTED BY THEIR POWER OF
             ATTORNEY JIJO PAULOSE, AGED 40 YEARS, S/O. PAULOSE,
             PALAMAYIL HOUSE, MAKKIYAD P.O., KANJIRANGADU VILLAGE,
             MANANTHAVADY TALUK, WAYANAD, PIN - 670731.

     2       SIJO PAULOSE, AGED 42 YEARS,
             S/O. PAULOSE, PALAMAYIL HOUSE, MAKKIYAD P.O.,
             KANJIRANGADU VILLAGE, MANANTHAVADY TALUK, WAYANAD-
             670731, NOW WORKING AND RESIDING AT AL MAZOON BUILDING,
             FLAT 309, DAMASCUS STREET, AL QUSAIS, DUBAI, UAE, P.O.
             BOX 34780 REPRESENTED BY THEIR POWER OF ATTORNEY JIJO
             PAULOSE, AGED 40 YEARS, S/O. PAULOSE, PALAMAYIL HOUSE,
             MAKKIYAD P.O., KANJIRANGADU VILLAGE, MANANTHAVADY
             TALUK, WAYANAD, PIN - 670731.


             BY ADVS. M/S.KRISHNA PRASAD. S, SINDHU S KAMATH,
             SWAPNA S.K., ROHINI NAIR & SURAJ KUMAR D.
                                                             2024:KER:67152
R.P.NO.903/2024

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RESPONDENTS/RESPONDENTS:

     1      THE VILLAGE OFFICER,
            KANJIRANGADU VILLAGE OFFICE,WAYANAD DISTRICT- 670731.

     2      THE LOCAL LEVEL MONITORING COMMITTEE,
            THONDERNAD GRAMA PANCHAYAT, WAYANAD, REPRESENTED BY ITS
            CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
            THONDERNAD GRAMA PANCHAYAT, WAYANAD DISTRICT, PIN -
            670731.

     3      THE DISTRICT COLLECTOR,
            WAYANAD, COLLECTORATE, CIVIL STATION P.O, WAYANAD
            DISTRICT, PIN - 673121.

     4      THE REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISION OFFICE,MANANTHAVADY, P.O. WAYANAD
            DISTRICT, PIN - 670645.

     5      THE SUB COLLECTOR,
            OFFICE OF THE SUB COLLECTOR, MANANTHAVADY, P.O. WAYANAD
            DISTRICT, PIN - 670645.

     6      THONDERNAD GRAMA PANCHAYAT,
            REPRESENTED BY ITS SECRETARY,THONDERNAD GRAMA
            PANCHAYAT, WAYANAD DISTRICT, PIN - 670731.

     7      STATE OF KERALA,
            REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
            THIRUVANANTHAPURAM, PIN - 695001.


            BY ADVS. M/S.VINOD SINGH CHERIYAN, T.M.KHALID &
            K.P.SUSMITHA FOR R6

            SMT.AMMINIKUTTY K., SR.GP


     THIS    REVIEW   PETITION   HAVING   COME   UP   FOR   ADMISSION   ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2024:KER:67152
R.P.NO.903/2024

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                         MOHAMMED NIAS C. P. , J.
              ==============================================
                            R. P. No. 903 of 2024
              ==============================================
                  Dated this the 3rd day of September, 2024

                                  ORDER

This is a review against the judgment in WP(C) No. 42400/2022 dated

9.7.2024 which had considered the impact of Section 9 of the Kerala

Conservation of Paddy Land and Wetland Act, 2008 and found that once

permission is granted under Section 9 for the construction of a residential

house in a paddy field, the same cannot be used for any commercial activity

and therefore, the rejection of the request of the petitioners was legal. The

review is filed producing certain circulars. There is no reference to any

circular in the judgment in question as I had only referred to the statutory

provisions. I do not find any error apparent on the face of the record.

Accordingly, the review petition is dismissed.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG 2024:KER:67152

PETITIONERS' ANNEXURES:

ANNEXURE A1 A TRUE COPY OF THE CIRCULAR DATED 27-10-2012

ANNEXURE A2 A TRUE COPY OF THE GOVERNMENT ORDER (MS)BEARING NO. 214 /2017 PASSED BY THE PRINCIPAL SECRETARY DATED 01-11-2017

ANNEXURE A3 A TRUE COPY OF THE CIRCULAR DATED 05-07-2018