P.K.Nalinakshan vs The State Of Kerala Represented By The ...
2025 Latest Caselaw 9970 Ker

Kerala High Court

P.K.Nalinakshan vs The State Of Kerala Represented By The ... on 23 October, 2025

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W.P.(C). No.9066 of 2022
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

  THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947

                           WP(C) NO. 9066 OF 2022

PETITIONER:

              P.K.NALINAKSHAN,
              AGED 69 YEARS
              SON OF KUMARAN, PETITIONER POYYAPARAMBIL HOUSE,
              KONOOR DESAM, NALUKETTU POST, KORATTY, MURUNGOOR
              THEKKUM MURY VILLAGE, CHALAKKUDY TALUK, THRISSUR
              DISTRICT 680 308.


              BY ADVS.
              SHRI.JOSE TOM C. KANDATHIL
              SHRI.T.A.SREE KUMAR
              SHRI.MATHAI K.C.




RESPONDENTS:

      1       THE STATE OF KERALA REPRESENTED BY THE LAND REVENUE
              COMMISSIONER,
              OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC
              OFFICE BUILDING, MUSEUM, ROAD VIKAS BHAVAN POST
              THIRUVANANTHAPURAM 695 033.

      2       THE DISTRICT COLLECTOR,
              COLLECTORATE, CIVIL STATION, AYYANTHOLE,
              THRISSUR 680 003.
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W.P.(C). No.9066 of 2022
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      3       THE REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE RDO, CIVIL STATION ANNEXE,
              IRINJALAKUDA , THRISSUR 680 125.

      4       THE TAHSILDAR,
              TALUK OFFICE, MUNICIPAL TOWN HALL COMPLEX, MAIN
              ROAD, CHALAKKUDY, THRISSUR DISTRICT 680 307.

      5       THE EXECUTIVE ENGINEER,
              IRRIGATION DIVISION, MUSEUM ROAD, CHEMBUKKAV,
              THRISSUR 680 020.

      6       THE VILLAGE OFFICER,
              MURINGOOR THEKKUMURY VILLAGE, CHALAKUDY TALUK ,
              THRISSUR DISTRICT 680 316.

      7       THE KORATTY GRAMA PANCHAYATH ,
              REPRESENTED BY ITS SECRETARY, KORATTY BAZAR ROAD,
              KORATTY, THRISSUR DISTRICT 680 308.

      8       THE LOCAL LEVEL MONITORING COMMITTEE,
              REPRESENTED BY ITS CHAIRMAN, KORATTY BAZAR ROD,
              KORATTY, THRISSUR DISTRICT 680 308.

      9       THE AGRICULTRUAL OFFICER,
              KRISHIBHAVAN, KORATTY, KORATTY POST, THRISSUR 680
              308.

      0       JOSEPH .
              AGED 54 YEARS
              SON OF KIRIYANTHAN VEETTIL DEVASSY ,
              KIRIYANTHANVEETTTIL HOUSE, NALUKETTU POST,
              MURINGOOR THEKKUMURY VILLAGE, CHALAKKUDY, THRISSUR
              DISTRICT 680 308

     11       TESSY JOSEPH,
              AGED 50 YEARS
              WIFE OF JOSEPH , KIRIYANTHANVEETTIL HOUSE,
              NALUKETTU POST, MURINGOOR THEKKUMURY VILLAGE,
              CHALAKKUDY, THRISSUR DISTRICT 680 308.
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W.P.(C). No.9066 of 2022
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              BY ADVS.
              SHRI.PHILIP T.VARGHESE, SC, KORATTY GRAMA
              PANCHAYATH
              SRI.T.N.MANOJ



OTHER PRESENT:

              GP- RIYAL DEVASSY


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.9066 of 2022
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                           VIJU ABRAHAM, J.
           --   -- -- -- -- -- -- -- -- -- -- -- --
                        W.P.(C) No.9066 of 2022
           --   -- -- -- -- -- -- -- -- -- -- -- --
                 Dated this the 23rd day of October, 2025

                                   JUDGMENT

The petitioner has approached this Court challenging

Exts.P15 and P16 orders passed by the 3 rd respondent in favour of

respondents 10 and 11 as per the provisions provided under

Section 27A of the Kerala Conservation of Paddy Land and Wetland

Act, 2008(hereinafter referred to as 'the Act, 2008').

2. The essential grievance raised by the petitioner is that a

thodu has been illegally converted by respondents 10 and 11,

which resulted in repeated water logging in the area. Complaints

were filed by the petitioner and the LLMC as per Exts.P4 and P5

has directed the Secretary of the local authority to take appropriate

action in the matter of filling up of the thodu. While such direction

was in force, the 3rd respondent issued Exts.P15 and P16 orders. It

is aggrieved by the same that the present writ petition has been

filed.

3. The learned Government Pleader submits that going by 2025:KER:78780

Section 27B of the Act, 2008, an appeal against Exts.P15 and P16

will lie before the District Collector- the 2nd respondent herein.

In view of the fact that an appellate remedy is available to the

petitioner, I am not inclined to interfere with the orders impugned

in this writ petition and relegates the petitioner to approach the

appellate authority by filing an appeal, challenging Exts.P15 and

P16. Therefore, the writ petition is disposed of with the following

directions:

1. The petitioner shall file an appeal against Exts.P15 and P16

as provided under Section 27B of the Act, 2008.

2. If the appeal is filed by the petitioner within a period of three

weeks from the date of receipt of a copy of this judgment, the

same shall be treated to have been filed within time and a

decision on the same shall be taken by the 2 nd respondent-

District Collector within an outer limit of 3 months thereafter,

after affording an opportunity of being heard to the

petitioner, respondent Nos.7, 10 and 11.

Sd/-

VIJU ABRAHAM JUDGE sm/ 2025:KER:78780

APPENDIX OF WP(C) 9066/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 9/6/2021.

Exhibit P2 TRUE COPY OF COMPLAINT GIVEN BY THE PETITIONER TO THE SECOND RESPONDENT DATED 15.12.2015.

Exhibit P3 TRUE COPY OF DIRECTION ISSUED BY THE DISTRICT COLLECTOR DATED 19/2/2016. Exhibit P4 PROCEEDING OF HE LOCAL LEVEL MONITORING COMMITTEE DATED 19.4.2016.

Exhibit P5 TRUE COPY OF THE LETTER GIVEN TO THE SECRETARY, OF THE GRAMA PANCHAYAT DATED 30/5/2016 BY THE LLMC.

Exhibit P6 TRUE COPY OS NO. 80 OF 2021 FILED BEFORE MUNSIFF COURT CHALAKKUDY.

Exhibit P7 TRUE COPY OF THE COMMISSION REPORT DATED 19/3/2021 IN OS NO. 80 OF 2021.

Exhibit P8 TRUE COPY OF THE INJUNCTION APPLICATION DATED 22/02/2021 IN OS NO. 80 OF 2021. Exhibit P9 TRUE COPY OF THE ORDER IN IA NO. 1 OF 2021 IN OS NO 80 OF 2021 OF THE HONOURABLE MUNSIFF CHALAKKUDY. Exhibit P10 TRUE COPY OF THE OBJECTION FILED BY THE 10TH RESPONDENT TO THE INJUNCTION APPLICATION.

Exhibit P11 TRUE COPY OF THE COMPLAINT TO THE SHO KORATTY DATED 8/5/2021.

Exhibit P12 TRUE COPY OF THE REPORT BY THE VILLAGE OFFICER DATED 19/5/2021.

Exhibit P13 TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE SHO KORATTY DATED 17/7/2021.

Exhibit P14 TRUE COPY OF THE REPORT TO THE TAHSILDAR BY THE VILLAGE OFFICER DATED 13/12/2021.

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Exhibit P15 TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT VIDE NO. B6-9153/19D. DIS DATED 01/06/2020 ISSUED TO THE 10TH RESPONDENT.

Exhibit P16 TRUE COPY OF THE ALLEGED ORDER ISSUED BY THE 3RD RESPONDENT VIDE NO. B6-9154/19 D. DIS DATED 11/06/2020 ISSUED TO THE 11TH RESPONDENT.

Exhibit P17 TRUE COPY OF THE COMPLAINT TO THE DISTRICT COLLECTOR BY THE PETITIONER DATED 18/5/2021.

Exhibit P18 TRUE COPY OF THE DIRECTING GIVEN BY THE DISTRICT COLLECTOR TO THE TAHSILDAR TO CONDUCT PROCEEDINGS DATED 22/10/2021. Exhibit P19 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER BEFORE THE TAHSILDAR DATED 24/2/2022.

Exhibit P20 TRUE COPY OF THE DETAILED STATEMENT FILED BY THE PETITIONER BEFORE THE TAHSILDAR. Exhibit P21 TRUE COPY OF THE DIRECTION GIVEN BY THE DISTRICT COLLECTOR TO THE TAHSILDAR DATED 01/03/2201.

Exhibit P22 TRUE COPY OF THE PHOTOGRAPH PROPERTY OF THE PETITIONER.