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High Court of KeralaWP(C)/10222/2015disposed of

Ressy Sajan v. State Of Kerala

2015-03-30Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 10222 of 2015 (C) PETITIONER(S) :

------------------------ RESSY SAJAN, AGED 47 YEARS, W/O.SAJAN MATHEW, RESIDING AT NINANPODATHU VEEDU, NEDUMPURAM P.O, PADINJARAKARA MURI, NEDUMPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.M.RAMASWAMY PILLAI SMT.PREETHY R. NAIR RESPONDENT(S) :

---------------------------- 1.

STATE OF KERALA, REPRESENTED BY ITS REVENUE SECRETARY, GOVERNMENT SECRETARIAT, M.G.ROAD, THIRUVANANTHAPURAM- 695 001.

2.

THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA DISTRICT-686 018. 3.

THE REVENUE DIVISIONAL OFFICER, THIRUVALLA TALUK, THIRUVALLA, PATHANAMTHITTA DISTRICT- 681 318.

4.

THE TAHSILDAR, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT-685 018. 5.

THE VILLAGE OFFICER, NEDUMPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT- 685 018.

BY GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 10222 of 2015 (C) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: THE PHOTOCOPY OF SALE DEED NO.1292 OF 2012 DATED 10.12.2012.

EXHIBIT P2: PHOTOCOPY OF THE TAX RECEIPT DATED 30.10.2014. EXHIBIT P3: THE PHOTOCOPY OF THE ORDER PASSED ON 12.02.2015 BY THE FIFTH RESPONDENT.

EXHIBIT P4: PHOTOCOPY OF THE APPLICATION DATED 13.03.2015 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 10222 of 2015 Dated this the 30th day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"(i) issue a writ of certiorari or some other writ or order or direction to the fifth respondent to produce documents in connection with Exhibit P3 and quash the same. (ii) Issue the writ of mandamus or some other writ or order or direction to the third respondent Revenue Divisional Officer Thiruvalla to conduct an enquiry about representation Exhibit P4 and consider the same within a limited period.

(iii) Issue the writ of mandamus or some other writ or order or direction to the fifth respondent to withdraw Exhibit P3 order and permit the petitioner to utilise the land by converting the same for fish cultivation.

(iv) Issue the writ of mandamus or some other writ or order or direction to the respondents 3 to 5 to declare that the petitioner's actions are not against the Kerala Conservation of Paddy Land and Wet Land Act, 2008. (v) Such other reliefs as deems fit may be also granted at the time of hearing."

2.

Heard the learned Government Pleader as well. 3.

Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merit of the case.

WP(c). No.10222 of 2015 The writ petition is disposed of, directing the 3rd respondent/Revenue Divisional Officer to consider and pass appropriate orders on Ext.P4, after affording an opportunity of hearing to the petitioner and other interested parties, if any. It shall be done, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

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