High Court of KeralaWP(C)/11798/2015disposed of

Kaduvachira Sree Durge Devi Temple v. Government Of Kerala

2015-04-09Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11798 of 2015 (Y) ---------------------------- PETITIONER:

------------------- KADUVACHIRA SREE DURGE DEVI TEMPLE, KUZHIYAM SOUTH, CHANDANATHOPE, KOLLAM, REPRESENTED BY ITS PRESIDENT, KARUNAKARAN PILLAI, SOUPARNIKA, KUZHIYAM SOUTH, CHANDANATHOPE, PERINAD VILLAGE, KOLLAM DISTRICT. BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH RESPONDENT(S):

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1. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DISTRICT COLLECTOR, KOLLAM - 691 013.

3. DISTRICT LEVEL AUTHORISED COMMITTEE, (UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008), REPRESENTED BY ITS CHAIRMAN, THE REVENUE DIVISIONAL OFFICER, KOLLAM - 691 001.

4. THE PRINCIPAL AGRICULTURAL OFFICER(CONVENOR), DISTRICT LEVEL AUTHORISED COMMITTEE, (UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008), CIVIL STATION, KOLLAM - 691 013.

5. SHRI AJITH KUMAR, ARUN VILASAM, ITI WARD, CHANDANATHOPE.P.O., KOLLAM.

6. SMT.MAYA KUMARI AMMA, ARUN VILASAM, ITI WARD, CHANDANATHOPE.P.O., KOLLAM - 691 014.

R1 TO R4 BY SENIOR GOVT. PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11798 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1 :A TRUE PHOTOCOPY OF THE ORDER DATED 7/1/2014 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT-P2 : A TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM DATED 12/2/2014 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P3 : TRUE PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT DATED 13/5/2014 DISMISSING THE APPEAL.

EXHIBIT-P4 : A TRUE PHOTOCOPY OF THE MEMORANDUM OF REVISION PETITION DATED 24/6/2014 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS ---------------------------------------

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 11798 of 2015 ------------------------------------------- Dated this the 9th day of April, 2015

J U D G M E N T

Being aggrieved of Ext.P1 order dated 07.01.2014 passed by the 4th respondent the petitioner has already moved the 1st respondent, who is the revisional authority by way of Ext.P4 revision petition filed under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Prayer is to cause the same to be considered and disposed of within a reasonable period.

In view of the limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case or to issue notice to the respondents 5 & 6.

Heard the learned Government Pleader as well. 4.

After hearing both the sides, the 1st respondent is directed to consider and pass final orders on Ext.P4, in accordance with law, after affording an opportunity of hearing to the petitioner and respondents 5 & 6 herein. It shall be done, at the earliest, at any rate, within 'three months' from the date of

WP(c). No.11798 of 2015 receipt of a copy of the judgment. 'Status quo' shall be maintained till such time.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps.

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