Petitioner sought reclamation of 4.05 Ares for a residential house; Exts.P10 and P11 orders declined the request. Court disposed of the writ petition with liberty to apply under Section 27A before the Revenue Divisional Officer, to be considered untrammeled by the impugned orders.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 28923 OF 2018
PETITIONER:
MANOJ JOSEPH,
AGED 38 YEARS,
S/O.V.V.JOSEPH, RESIDING IN VEDANPARAMBIL,
AMICHAKARY P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, STATE SECRETARIAT, THIRUVANANTHAPURA -695001.2 THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, STATE SECRETARIAT, THIRUVANANTHAPURAM-695001.3 THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT-689645.4 THE DISTRICT LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CHAIRMAN, ADOOR, PATHANAMTHITTA DISTRICT-691523.5 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENER, ADOOR, PATHANAMTHITTA DISTRICT-691523.BY ADV.:
SRI.BIMAL.K.NATH, SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28923 OF 2018-2-
JUDGMENT
The present writ petition is filed by the petitioner challenging Exts.P10 and P11 orders passed by respondent Nos.1 and 2. By Ext.P10 the request of the petitioner for reclamation of 4.05 Ares of land is declined. By Ext.P11 order also the same is recreated.
In the light of the amendments to the Kerala Conservation of Paddy Land and Wet Land Act, 2008 wherein parties are given opportunity to file Form 5A for reclamation, I deem it appropriate to close this writ petition with liberty to the petitioner to file necessary application under Section 27A of the Act. If such an application is filed, before the Revenue Divisional Officer,
WP(C) NO. 28923 OF 2018-3-
the same will be considered in accordance with law untrammeled by the observations contained under Exts.P10 and P11 orders. The writ petition is disposed of.
Sd/-
EASWARAN S.
JUDGE
vv
WP(C) NO. 28923 OF 2018-4-
APPENDIX OF WP(C) 28923/2018
PETITIONER EXHIBITS
EXHIBIT P1 |
TRUE COP |
Y OF THE SALE DEED |
|---|---|---|
NO.2037/1/2PURCHASED B |
012OFTHEPROPERTYY THE PETITIONER. |
|
EXHIBIT P2 |
TRUE COPY30/09/2013BEFORE THE |
OF THE APPLICATION DATEDSUBMITTED BY THE PETITIONERFIFTH RESPONDENT. |
EXHIBIT P3 |
TRUE COPY08/07/2015BEFORE THE |
OF THE APPLICATION DATEDSUBMITTED BY THE PETITIONERFIFTH RESPONDENT. |
EXHIBIT P4 |
TRUE COPY1759/2017/KPASSED BY T |
OF THE ORDER NO.B4-.DISDATED24/03/2017HE FOURTH RESPONDENT. |
EXHIBIT P5 |
TRUE COPY128849/17/KPASSED BY T |
OF THE ORDER NO.C4-.DISDATED01/11/2017HE THIRD RESPONDENT. |
EXHIBIT P6 |
TRUE COPYDATED 16/PETITIONER |
OF THE REVISION PETITION11/2017 SUBMITTED BY THEBEFORE THE 1ST RESPONDENT. |
EXHIBIT P7 |
TRUE COPYTHISWP(C)NO.402 |
OF THE JUDGMENT PASSED BYHON'BLECOURTIN47/2017. |
EXHIBIT P8 |
TRUE COPY17/01/2018 |
OF THE NOTICEW DATEDSENT TO THE PETITIONER |
INTIMATINGBEFORE THE |
OF THE DATE OF HEARINGRESPONDENT NO.1. |
|
EXHIBIT P9 |
TRUE COPY |
OF THE NOTICE DATED |
17/03/2018 |
SENT TO THE PETITIONER |
|
INTIMATINGBEFORE THE |
OF THE DATE OF HEARINGRESPONDENT NO.2. |
WP(C) NO. 28923 OF 2018-5-
EXHIBIT P10 |
TRUECOP |
Y |
OF |
THE |
ORDER |
|---|---|---|---|---|---|
GO(RT)NO.266 |
/201 |
8/AGRICUL |
TURE |
DATED |
|
26/03/2018RESPONDENT. |
PAS |
SED BY |
THE |
FIRST |
|
EXHIBIT P11 |
TRUECOP |
Y |
OF |
THE |
ORDER |
GO(RT)NO.168 |
1/20 |
18REV |
ENUE |
DATED |
|
11/05/2018RESPONDENT. |
PAS |
SED BY |
THE |
SECOND |
1 issue framed by the court
Whether the petitioner's refusal of permission to reclaim 4.05 Ares of paddy land could be revisited in light of amendments permitting Form 5A applications.
2 provisions across 1 enactments
MANOJ JOSEPH
THE STATE OF KERALA
THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE
THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT
THE DISTRICT LEVEL MONITORING COMMITTEE
THE LOCAL LEVEL MONITORING COMMITTEE
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court