Dismissed

The Secretary v. the District Collector

Kerala HC7 Feb 2014WP(C)/904/2014

Case brief

AI extract

What is this about?

This writ petition sought a direction to revenue authorities to initiate action against an individual for reclaiming paddy land. The High Court directed the District Collector to conclude the pending proceedings within six months after affording the respondent an opportunity of being heard.

What did the court decide?

Direction to the District Collector, Kottayam to conclude proceedings regarding paddy land reclamation within six months after affording the sixth respondent an opportunity of being heard.

The Secretary Vs the District Collector — Land Acquisition | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

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FRIDAY, THE 7TH DAY OF FEBRUARY 2014/18TH MAGHA, 1935

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WP(C).No. 904 of 2014 (K)

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PETITIONER :

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THE SECRETARY

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PACHIMAKHATTA JAIVA VAIVIDHYA SAMRAKSHANA SAMITHY REG. NO.KTM/TC/915/2013, PLASSANAL P.O., THALAPPULAM ERATTUPETTA, KOTTAYAM - 686 579.

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BY ADV. SRI.G.BHAGAVAT SINGH

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RESPONDENTS :

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THE DISTRICT COLLECTOR KOTTAYAM - 686 002.

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THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER KOTTAYAM-686 002.

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THE TAHSILDAR

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TALUK OFFICE, KOTTAYAM- 686 002.

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THE AGRICULTURAL OFFICER, MANARCAUD, MANARCAUD P.O., KOTTAYAM - 686 019.

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THE VILLAGE OFFICER

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MANARCAUD VILLAGE, MANARCAUD P.O., KOTTAYAM - 686 019.

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SURESH K.V.

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S/O. VASAVAN, VAVATHIL, MAALAM P.O. MANARCAUD, KOTTAYAM - 686 031.

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R1 TO R5 BY SPL.GOVERNMENT PLEADER SRI.P.K.SOYUZ (REVENUE)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 904 of 2014 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1-TRUE COPY OF THE REPRESENTATION FILED BY THE ACTION COUNCIL DATED 05/10/2012 BEFORE RESPONDENTS 1 - 4

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EXHIBIT-P2-TRUE COPY OF THE REPRESENTATION DTD.NIL FILED BY VADAVATHOOR-MALAM-KARIKOTTUMOOLA PADA SEKHARA NELLULPADAKA SAMITHI BEFORE THE 4TH RESPONDENT AND OTHERS.

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EXHIBIT-P3-TRUE COPY OF THE REPORT DATED 08/10/2012 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE RESPONDENTS 2 AND 3

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EXHIBIT-P4-TRUE COPY OF THE NEWS PAPER REPORT DATED 11/11/2013 PUBLISHED IN MATHRUBHUMI DAILY.

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EXHIBIT-P5-TRUE COPY OF THE REPRESENTATION DATED 20/12/2013 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

P.N.RAVINDRAN, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=

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W.P.(C)No.904 of 2014

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=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7^th day of February, 2014

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JUDGMENT

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The prayer in this writ petition filed by the Secretary of a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955 is for an order directing respondents 1 to 3 to initiate expeditious and effective steps against the sixth respondent and to restore the original position of the paddy land alleged to have been reclaimed by the sixth respondent. The petitioner has also prayed for an order directing the sixth respondent to restore the original position of the paddy land by removing the entire soil dumped by him for reclamation.

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When the writ petition came up for hearing today, Sri.P.K.Soyuz, learned Special Government Pleader appearing for respondents 1 to 5 submitted that the Revenue Divisional Officer, Kottayam has already forwarded the files along with his report to the District Collector, Kottayam on 20.10.2012 for taking action against the sixth respondent under section 13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and that the matter is pending before the District Collector.

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W.P.(C)No.904 of 2014

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In such circumstances, I dispose of the writ petition with a direction to the District Collector, Kottayam to conclude the proceedings initiated by him pursuant to the report submitted by the Revenue Divisional Officer, Kottayam in the matter of reclamation of paddy land by the sixth respondent, expeditiously and in any event within an outer limit of six months from the date of receipt of a copy of this judgment. Needless to say, the District Collector shall before taking a decision in the matter, issue notice to and afford the sixth respondent an opportunity of being heard.

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Sd/-

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P.N.RAVINDRAN JUDGE

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vpv

The Secretary v. the District Collector

Case brief

What is this about?

What did the court decide?

The Secretary v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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