Sidheequel Akbar v. the District Collector
Case brief
What is this about?
A writ appeal challenging a Single Judge order that upheld the District Collector's prohibition on digging a pond in paddy land. The High Court held the order correct as the Act prohibits such conversion without Government exemption. The Court dismissed the appeal and closed the matter reserving the right to approach the Government under Section 10 for an exemption.
What did the court decide?
The writ appeal was closed without finding grounds to interfere with the Single Judge's judgment; the petitioner was reserved the right to apply for exemption under Section 10.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937
WA.No. 2033 of 2015 () IN WP(C).1410/2014
------------------------------------------AGAINST THE JUDGMENT IN WP(C) 1410/2014 DATED 28-07-2015 ----------------
APPELLANT(S)/PETITIONER :-
SIDHEEQUEL AKBAR
S/O. MOHAMMED ASHRAF, KOTTUPURATH HOUSE CHERUVADI P.O., PIN-673 661, KOZHIKODE TALUK KOZHIKODE DISTRICT.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENT(S)/RESPONDENT :-
1. THE DISTRICT COLLECTOR KOZHIKODE, KOZHIKODE P.O., PIN-673 001 KOZHIKODE DISTRICT.
Issues for consideration
3 issues framed by the court
Whether the District Collector was justified in prohibiting the construction of a pond in the petitioner's paddy land.
Whether the petitioner has any provision to approach the Local Level Monitoring Committee for permission to convert the land by digging a pond.
Whether exemptions under Section 10 of the Kerala Conversion of Paddy Land and Wet Land Act, 2008 apply to the present case.
Parties & counsel
- appellant
Sidheequeel Akbar
- respondent
The District Collector Kozhikode
- respondent
The Agricultural Officer Kodiyathoor
- respondent
The Village Officer Kodiyathoor
- respondent
The Kodiyathoor Grama Panchayath
Case details
As recorded by the court registry
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