Disposed

Dr. Maya Joseph v. Secretary to Government

Kerala HC21 Jan 2021WP(C)/1604/2021

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala directed the District Collector to consider and pass orders on a revision petition filed by the petitioner under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within six weeks. The court also granted a stay on coercive steps against the land pending these orders.

What did the court decide?

Direction to the 1st respondent to consider and pass orders on Ext P3 revision petition within six weeks; stay on coercive steps; instruction not to alter land nature.

Dr. Maya Joseph Vs Secretary to Government — Land Acquisition | Kerala HC (2021)

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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 A.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 21ST DAY OF JANUARY 2021/1ST MAGHA, 1942

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W.P(C).No.1604 OF 2021(A)

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PETITIONER:

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DR. MAYA JOSEPH AGED 34 YEARS D/O. MALIKAYIL JOSEPH, MALIKAYIL HOUSE, PARIPPU KARA, AYMANAM VILLAGE, KOTTAYAM DISTRICT, PIN 686 014

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BY ADV. SRI.M.P.MADHAVANKUTTY

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RESPONDENTS:

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1 SECRETARY TO GOVERNMENT AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001

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2 DISTRICT COLLECTOR, KOTTAYAM DISTRICT. PIN - 686 001

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3 REVENUE DIVISIONAL OFFICER, KOTTAYAM PIN - 686 001

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4 TAHSILDAR,

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KOTTAYAM. PIN - 686 001

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5 VILLAGE OFFICER, KUMARAKOM, KOTTAYAM. 686 563

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6 AGRICULTURAL OFFICER, KRISHI BHAVAN, KUMARAKOM, KOTTAYAM DISTRICT. PIN - 686 563

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7 M.V JOSEPH, VECHAKATHARA, PARIPPU KARA, PARIPPU P.O, KOTTAYAM DISTRICT, PIN - 686 014

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BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.1604/2021 :: 2 ::

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J U D G M E N T

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Aggrieved by Ext.P2 order of the District Collector under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the petitioner has preferred Ext.P3 revision petition before the 1^st respondent. The limited prayer of the petitioner is for a direction to the 1^st respondent to consider and pass orders on the same, expeditiously, after hearing her.

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I have heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents.

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On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1^st respondent to consider and pass orders on Ext.P3 revision petition preferred by the petitioner, within six weeks from the date of receipt of a copy of

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W.P.(C).No.1604/2021 :: 3 ::

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this judgment, after hearing the petitioner and others likely to be affected by orders to be passed by the 1^st respondent. It is made clear that till such time as orders are passed by the 1^st respondent, as directed, and the order communicated to the petitioner, no coercive steps will be taken in respect of the land in question. The petitioner shall also ensure that the nature of the land is not altered during the period of the stay granted above. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 1^st respondent, for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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prp/21/1/2021

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W.P.(C).No.1604/2021 :: 4 ::

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE OBJECTION DATED 08-09-2020 BEARING NO.R3-2921/2020 BEFORE THE 2ND RESPONDENT DISTRICT COLELCTOR, KOTTAYAM.

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 03-12-2020 BEARING NO.DCKTM/2921/2020/R3 PASSED BY THE 2ND RESPONDENT DISTRICT COLLECTOR, KOTTAYAM.

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EXHIBIT P3 TRUE COPY OF THE REVISION PETITION DATED 12-01-2021 BEFORE THE 1ST RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT BEARING NO. RL6248003839IN DATED 12-01-2021 RECEIVED WITH REGARD TO EXHIBIT P3 REVISION PETITION).

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RESPONDENTS EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

Dr. Maya Joseph v. Secretary to Government

Case brief

What is this about?

What did the court decide?

Dr. Maya Joseph v. Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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