High Court of KeralaWP(C)/9629/2015disposed of

Vp.Joy v. State Of Kerala

2015-03-25Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 WP(C).No. 9629 of 2015 (C) --------------------------- PETITIONER(S):

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1. V.P.JOY, AGED 43 YEARS,S/O.POULOSE, VADAKKUMCHERRY HOUSE, MARAMCODE DESOM, CHATTIKULAM P.O, THRISSUR DISTRICT- 680 721

2. V.P POULOSE,VERAMPLAVU HOUSE, MARAMCODE DESOM, CHATTIKULAM P.O., THRISSUR DISTRICT -680 721 BY SMT.SUMATHY DANDAPANI,SENIOR ADVOCATE ADVS. SRI.MILLU DANDAPANI SMT.ANNA THOMAS RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -695 001

2. THE COMMISSIONER OF AGRICULTURE PRODUCTION, GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM- 695 001

3. THE DISTRICT COLLECTOR,THRISSUR- 680 001

4. THE TAHSILDAR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT- 680 125

5. THE VILLAGE OFFICER, KUTTICHIRA VILLAGE, THRISSUR- 680 125

6. AGRICULTURAL OFFICER,KRISHI BHAVAN, KODASSERY,THRISSUR -680 725

7. LOCAL LEVEL MONITORING COMMITTEE, KODASSERY GRAMA PANCHAYAT, REPRESENTED BY ITS CHAIRMAN AND PRESIDENT, KODASSERY GRAMA PANCHAYAT OFFICE, CHATTIKKULAM P.O, THRISSUR DISTRICT- 680 721 2/-

-2WP(C).NO.9629/2015

8. BABU E.V, AGED 39 YEARS, S/O.VASU, ETTIYEDATHU HOUSE, XIV/140, KUTTICHIRA VILLAGE, MARANKODE DESOM, P.O CHATTIKULAM, CHALAKUDY VIA, THRISSUR -680 721

9. ABILASH, AGED 28 YEARS, S/O.NANAPPAN, CHIRAYIL HOUSE, XIV/141, KUTTICHIRA VILLAGE, MARANKODE DESOM, P.O CHATTIKULAM, CHALAKUDY VIA, THRISSUR -680 721 R1 TO R7 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9629 of 2015 (C) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTIES OF THE PETITIONERS AND NEIGHBOURING OWNERS EXHIBIT P2 PHOTOGRAPHS REFERRED TO THE WRIT PETITION(CIVIL) EXHIBIT P3 TRUE COPY OF THE ORDER NO.B11/29819/2012 DATED 1-6-2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS EXHIBIT P4 TRUE COPY OF THE ORDER NO G.O(RT) NO.1303/2013./AGRI. DATED 11-07-2013 REJECTING THE REVISION PETITIONS SUBMITTED BY THE PETITIONERS EXHBIIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT, DATED 21-07-2014,IN WPC NO.23481 OF 2013 EXHIBIT P6 TRUE COPY OF MINUTES OF THE MEETING OF 7TH RESPONDENT HELD ON 28-10-2014 EXHIBIT P7 TRUE COPY OF FINAL REPORT DATED 19-11-2014 IN THE CASE OF THE PETITIONER'S PROPERTY BY THE 7TH RESPONDENT EXHBIIT P8 TRUE COPY OF THE ORDER NO.B11/29819/2012 DATED 27-1-2015 OF THE 6TH RESPONDENT ISSUED TO THE PETITIONERS RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.S.TO JUDGE

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.9629 OF 2015 ......................................................................... Dated this the 25th March, 2015

J U D G M E N T

The petitioners have approached this Court challenging Ext.P8 order passed by the third respondent/District Collector.

2. Heard the learned Counsel for the petitioners and also the learned Government Pleader as well.

3. It is seen that the petitioners are having an effective alternate remedy against Ext.P8 order, by virtue of mandate under Section 28 of the Act 28 of 2008, by approaching the first respondent/Government.

In the said circumstance, the petitioners are relegated to move the first respondent/Government, by way of Revision under Section 28 of the Act. If any such Revision Petition is filed within 'two weeks' from the date of receipt of a copy of the judgment, the same shall be considered and appropriate orders shall be passed, at the earliest, at any rate, within three months thereafter, of course, after affording an opportunity of hearing to the petitioners and other interested parties, if any, including the respondents 8 and 9 . Status quo shall be maintained till such

W.P.(C)No.9629 OF 2015 time.

The writ petition is disposed of. The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the first respondent/Government for further steps.

P.R.RAMACHANDRA MENON JUDGE lk