Saraswathi Amma v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No.4901 of 2015 (K) PETITIONER:
-------------------- SARASWATHI AMMA,AGED 55 YEARS, W/O.LATE SURENDRAN NAIR,SURENDRA BHAVAN, PUNNAYAM KARA,ASAMANNUR VILLAGE, KUNNATHUNADU TALUK,ERNAKULAM DISTRICT-683549. BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENTS:
------------------------ 1.
THE DISTRICT COLLECTOR, CIVIL STATION,KAKKANAD, ERNAKULAM DISTRICT,PIN-682030.
2.
THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA,ERNAKULAM DISTRICT,PIN-686661.
3.
THE VILLAGE OFFICER,ASAMANNUR VILLAGE, KUNNATHUNADU TALUK,ERNAKULAM DISTRICT, PIN-683549.
4.
THE TAHSILDAR,TALUK OFFICE,KUNNATHUNADU TALUK, ERNAKULAM-683549.
*ADDITIONAL 5TH RESPONDENT IMPLEADED ADDL.R5:THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM-695001.
*ADDITIONAL 5TH RESPONDENT IMPLEADED AS PER ORDER DATED 9.3.2015 IN I.A.NO.3427/2015 IN W.P(C) NO.4901/2015. R1 TO ADDL.R5 BY GOVT. PLEADER SRI.JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
pk
WP(C).No.4901 of 2015 (K) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------ EXT.P1:TRUE COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX DTD 11/8/2011 ISSUED FROM ASAMANNUR VILLAGE OFFICE TO THE PETITIONER. EXT.P2:TRUE COPY OF THE MASS PETITION DTD 8/12/2011 SUBMITTED BEFORE THE 2ND RESPONDENT BY PEOPLE OF THE LOCALITY. EXT.P3:TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD 12/3/2012 WITH OUT DOCUMENT. EXT.P4:TRUE COPYOF THE REPORT DTD 25/1/2012 SUBMITTED BY THE VILLAGE OFFICER, ASAMANNUR VILLAGE.
EXT.P5:TRUE COPY OF THE ORDER DTD 11/6/2012 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXT.P6:TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER ON 17/7/2012 BEFORE THE IST RESPONDENT.
EXT.P7:TRUE COPY OF THE JUDGMENT DTD 7/6/2013 IN WPC NO.14402 OF 2013 ON THE FILE OF THE HON'BLE COURT.
EXT.P8:TRUE COPY OF THE ORDER NO.L5-44246/2012 DTD 19/1/2015 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
EXT.P9:COPY OF REVISION PETITION DATED 25.2.2015 SUBMITTED BYTHE PETITIONER BEFORE THE SECRETARY TO GOVERNMENT,AGRICULTURAL DEPARTMENT,GOVERNMENT OF KERALA, SECRETARIATE, THIRUVANANTHAPURAM.
RESPONDENT'S EXHIBITS:
NIL //TRUE COPY// P.S. TO JUDGE pk
P.R. RAMACHANDRA MENON, J.
W.P.(C) No.4901 of 2015 Dated this the 9th day of March, 2015
JUDGMENT
Grievance of the petitioner is against Ext.P8 order passed by the first respondent, whereby the property concerned herein has been ordered to be restored as a 'paddy land' in terms of Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008.
2. Heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents.
3. The learned counsel for the petitioner submits that, being aggrieved of Ext.P8, the petitioner had preferred Ext.P9 revision petition before the additional 5th respondent and that the same is pending consideration before the said respondent. It is stated that the petitioner will be satisfied, if a direction is given to the 5th respondent to have it considered and disposed of within a reasonable time.
W.P.(C) No.4901 of 2015
4. In the said circumstances, there will be a direction to the addl. 5th respondent to consider and pass appropriate orders on Ext.P9 revision petition in accordance with law, after affording an opportunity of hearing to the petitioner at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
'Status quo' shall be maintained with regard to Ext.P8 till such time.
Petitioner shall produce a copy of this judgment, along with copy of I.A. No.3427 of 2015 and also a copy of the writ petition, before the addl. 5th respondent, for further steps. The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp