High Court directed the Agricultural Production Commissioner to decide on a revision petition challenging a Collector's order deferring paddy land classification, staying the original order for compliance.
Direction to second respondent to decide pending revision within two months; stay of impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 18TH DAY OF SEPTEMBER 2017/27TH BHADRA, 1939
WP(C).No. 29962 of 2017 (U)
PETITIONERS:
1. KOORIMANNIL MANAPPATTU SABIRA, AGED 56, W/O.KUNHIMOHAMMED, CHOLASSERY HOUSE, P.O. PALLIPURAM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-679324.
2. KOONAMPARAMBATH UMMUL FATHIMA, AGED 45, W/O.MOYALAN ABDURAHIMAN, MOYALAN HOUSE, VALLIKKAPPATTA P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-679324.
BY ADVS.SRI.K.M.SATHYANATHA MENON SRI.A.SANTHOSHKUMAR SMT.KAVERY S THAMPI SRI.P.ARUN KUMAR (MONCOMPU)
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,UP HILL, MALAPPURAM DISTRICT, PIN - 676 505.
2. THE AGRICULTURAL PRODUCTION COMMISSIONER, AGRICULTURAL (NAC) DEPARTMENT, SOUTHERN SANWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY GOVERNMENT PLEADER SRI.RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 29962 of 2017 (U)
APPENDIX
| **PETITIONERS' ** | EXHIBITS: |
|---|---|
| EXHIBIT-P1: | TRUE COPY OF THE ORDER NO. B2-6495/2017 DATED 25/03/2017 ISSUED BY THE IST RESPONDENT. |
| EXHIBIT-P2: | TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE LOCAL MONITORING COMMITTEE, KOOTILANGADI GRAMA PANCHAYATH DATED 28/07/2017 TOGETHER WITH THE APPLICATION IN THE FORM PRESCRIBED UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES. |
| EXHIBIT-P3: | TRUE COPY OF THE REVISION PETITION NO.NCA 1426763/2017 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. |
| EXHIBIT-P3(A) | : TRUE COPY OF THE UNNUMBERED STAY PETITION FILED IN REVISION PETITION NO.NCA 1426763/2017 BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. |
| EXHIBIT-P4: | TRUE COPY OF THE COMMUNICATION ISSUED BY THE PETITIONERS TO THE IST RESPONDENT DATED 28/08/2017. |
| **RESPONDENTS' ** | EXHIBITS : NIL. |
//TRUE COPY//
P.S. TO JUDGE mbr/
P.B.SURESH KUMAR, J.
==================
W.P.(C) No. 29962 of 2017
Dated this the 18th day of September, 2017
JUDGMENT
Ext.P3 is the revision preferred by the
petitioners invoking Section 28 of the Kerala Conservation of Paddy land and Wetland Act, 2008 challenging Ext.P1 order passed by the District Collector. The limited prayer made by the learned counsel for the petitioners, when this matter was taken up for admission, is for a direction to the competent authority among the respondents to take a decision on Ext.P3 revision.
petitioners as also the learned Government Pleader.
circumstances of the case, I deem it appropriate to dispose of the writ petition directing the second
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W.P.(C.) No.29962//2017
respondent to take a decision on Ext.P3 revision petition. Ordered accordingly. If the second respondent is not the competent authority to pass orders on Ext.P3 revision petition, the same shall be forwarded by the second respondent to the competent authority with notice to the petitioners. The direction aforesaid shall be complied with by the competent authority, within two months from the date of receipt of a copy of this judgment. Needless to say that until a decision as directed above is taken, Ext.P1 order shall not be given effect to.
Sd/-
SKS
P.B. SURESH KUMAR, JUDGE
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether to direct the competent authority to take a decision on the pending revision petition.
KOORIMANNIL MANAPPATTU SABIRA
KOONAMPARAMBATH UMMUL FATHIMA
DISTRICT COLLECTOR, MALAPPURAM
THE AGRICULTURAL PRODUCTION COMMISSIONER
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
