High Court of KeralaWP(C)/12809/2015disposed of

Alex Tom E.Vettoor v. State Of Kerala

2015-04-24Honourable Mr. Justice Anil K.Narendran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 24TH DAY OF APRIL 2015/4TH VAISAKHA, 1937 WP(C).No. 12809 of 2015 (A) ---------------------------- PETITIONER:

------------------- ALEX TOM E.VETTOOR, AGED 50, S/O.LATE EAPEN, VETTOOR HOUSE, ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT-686 631.

BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH RESPONDENT(S):

-------------------------

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

2. DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM-686 002.

3. REVENUE DIVISIONAL OFFICER, REVENUE TOWER, KOTTAYAM-686 001.

4. VILLAGE OFFICER, ETTUMANOOR VILLAGE OFFIC, ETTUMANOOR-686 631.

BY GOVERNMENT PLEADER SRI.VINCENT K.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12809 of 2015 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1 :

TRUE COPY OF NOTICE BEARING NO B-3579/11 DATED 24-3-2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHBIIT P2 :

TRUE COPY OF NOTICE BEARING NO.E9- 7292/14 DATED 24-07-14 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHBIIT P3 :

TRUE COPY OF WRITTEN OBJECTION DATED 29-08-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHBIIT P4 :

TRUE COPY OF ORDER DATED 30-12-14 BEARING NO.E9-7292/14 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P5 :

TRUE COPY OF REVISION PETITION DATED 20-03-15 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHBIIT P6 :

TRUE COPY OF ACKNOWLEDGMENT CARD.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

ANIL K. NARENDRAN, J., --------------------------------------- W.P.(C)No.12809 of 2015 --------------------------------------- Dated this the 24th day of April, 2015

JUDGMENT

The petitioner is having an extent of 1.35.5 hectors of property in Re-survey Nos.148/1, 148/2, 148/4, 148/5, 148/6, and 148/17. Against Ext.P4 order passed by the 2nd respondent in exercise of his powers under the Kerala Conservation of Paddy Land and Wet Land Act, 2008, the petitioner has filed Ext.P5 statutory revision before the 1st respondent. The grievance of the petitioner is that during the pendency of Ext.P5 revision, the respondents are taking hasty steps to enforce Ext.P4 order passed by the 2nd respondent.

2. I heard the arguments of the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents. Considering the fact that Ext.P5 statutory revision filed by the petitioner is pending consideration before the 1st respondent, I deem it appropriate to dispose of this writ petition directing the 1st respondent to consider and pass appropriate orders on Ext.P5 revision petition, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of the judgment, with notice to the petitioner. Till such time, enforcement of Ext.P4 shall be kept in abeyance.

Sd/- ANIL K. NARENDRAN JUDGE sd