A.O.Joy v. The District Collector, Ernakulam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 20165 of 2015 (U) ---------------------------- PETITIONER :
--------------------- A.O.JOY, AGED 45 YEARS, S/O.OUSEPH, AREECKAL HOUSE, ANAPPARA P.O., THURAVOOR, ALUVA, ERNAKULAM.
BY ADVS.SRI.JAISHANKAR V. NAIR SMT.ARATHI KARUNAKARAN SMT.PARVATHY S. KRISHNAN RESPONDENT(S) :
----------------------------
1. THE DISTRICT COLLECTOR, KAKKANAD, ERNAKULAM, PIN - 682 030.
2. THE LOCAL LEVEL MONITORING COMMITTEE, THURAVOOR VILLAGE, REPRESENTED BY AGRICULTURAL OFFICER THURAVOOR VILLAGE, ERNAKULAM - 683 586.
3. THE VILLAGE OFFICER, THURAVOOR VILLAGE, ERNKULAM - 683 586.
R1 TO R3 BY SPL. GOVT. PLEADER SRI. P.K. SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 20165 of 2015 (U) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 22-05-2015. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 20165 of 2015 (U) ------------------------------------------ Dated this the 6th day of July, 2015
J U D G M E N T
The petitioner is the absolute owner in possession of land comprised in Re-Survey Nos. 377/7/4, 377/8 and 377/11 of Block No.13, Thuravoor Village, Aluva Taluk, Ernakulam. The petitioner is aggrieved with the fact that the same has been wrongly included in the Data Bank prepared in terms of Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity, Act of 2008) as 'nilam'. The petitioner contends that the land was reclaimed decades back before the commencement of the Act of 2008 and that the adjacent lands are not paddy lands. It is submitted that the grievance of the petitioner has already been projected by way of Ext.P1 before the 2nd respondent Local Level Monitoring Committee, which is stated to be pending consideration. The prayer is to cause the same to be considered and disposed of within a reasonable time in
W.P.(C) No. 20165/2015 -2tune with the ruling rendered by a Division Bench of this Court in Adani Infrastructure & Developers Pvt. Ltd. v. State of Kerala - (2015 (1) KLT 651).
2. In such circumstances, if Ext.P1 is received in original, the same shall be considered, if necessary after conducting a site inspection and orders passed in accordance with law, as has been declared in the aforecited judgment. The orders shall be passed at any rate within three months from the date of production of the certified copy of this judgment.
The writ petition is disposed of.
Sd/- K.VINOD CHANDRAN, JUDGE jjj