Disposed

Marar Samajam Uppilakai Reg No.Ksr Ca 34/2014 v. the District Collector

Kerala HC13 Feb 2019WP(C)/3494/2019

Case brief

AI extract

What is this about?

The Court directed the Additional 3rd respondent to finalize the petitioner's revision application under the Kerala Conservation of Paddy Land and Wet Land Act within four months after an opportunity of hearing. Coercive action under the impugned order was suspended for three weeks.

What did the court decide?

Direction to finalize the revision within four months after hearing; suspension of coercive action for three weeks.

Marar Samajam Uppilakai Reg No.Ksr Ca 34/2014 Vs… — Environment and Pollution | Kerala HC (2019)

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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 SHAJI P.CHALY

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WEDNESDAY,THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940

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WP(C).No. 3494 of 2019

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PETITIONER/S:

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MARAR SAMAJAM UPPILAKAI REG NO.KSR CA 34/2014 REPRESETNED BY ITS PRESIDENT MR.RAVI.UPPILAKAI.P.O., KASARAGOD DISTRICT, PIN-677114.

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BY ADVS. SRI.K.M.ANEESH SRI.ADARSH KUMAR SRI.DILEEP CHANDRAN SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.SHASHANK DEVAN

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, KASARAGOD, CIVIL STATION, VIDYA NAGAR, KASARAGOD, PIN-671123.

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2 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, KANHANGAD, KASARAGOD DISTRICT, PIN-671315.

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3 ADDL. R3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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ADDL. R3 IS IMPLEADED AS PER ORDER DATED 13.02.2019 IN IA.1/2019.

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SR.GOVERNMENT PLEADER SRI.P.M.MANOJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3494 of 2019

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JUDGMENT

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Petitioner, a society registered under the Societies Registration Act, having been suffered with Ext.P4 order passed by the 1^st respondent under Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, has submitted Ext.P5 revision before the additional 3^rd respondent and seeks direction for early consideration of the same.

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Having heard learned Counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of, directing the additional 3^rd respondent to finalise Ext.P5 revision, at the earliest and at any rate, within four months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioner. Coercive action on the basis of Ext.P4 will remain suspended for a period of three weeks enabling the petitioner to file suitable application for stay before the additional 3^rd respondent.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 3494 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER NO.D.DIS/54295/2015/D1 DATED NIL ISSUED BY THE DISTRICT COLLECTOR, KASARAGOD. EXHIBIT P1 A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, PUDUKAI EXHIBIT P2 TRUE COPY OF THE OF THE RECEIPT DATED 20/08/2017 ISSUED BY THE AGRICULTURAL OFFICE, KANHANGAD. EXHIBIT P2 A TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN APPEAL NO.53/2019. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 19/01/2019 PASSED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE STATUTORY REVISION FILED BEFORE THE GOVERNMENT.

Marar Samajam Uppilakai Reg No.Ksr Ca 34/2014 v. the District Collector

Case brief

What is this about?

What did the court decide?

Marar Samajam Uppilakai Reg No.Ksr Ca 34/2014 v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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