Athulya v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 21540 of 2015 (N) PETITIONER:

ATHULYA, D/O.C.M.AJAYAKUMAR, AGED 28 YEARS, RESIDING AT 'MADHAVI', MAKRERI AMSOM, KOTTAM DESOM, KANNUR DISTRICT-670 622. BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENTS:

1. THE DISTRICT COLLECTOR, KANNUR DISTRICT, CIVIL STATION, PIN-670 002.

2. THE REVENUE DIVISIONAL OFFICER, THALASSERY, KANNUR DISTRICT-670 101.

3. THE DISTRICT LEVEL AUTHORISED COMMITTEE, REPRESENTED BY ITS CONVENOR THE PRINCIPAL AGRICULTURAL OFFICER, CIVIL STATION, KANNUR-670 002.

4. THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PERALASSERY, MUNDALLUR P.O.

KANNUR-670 622.

5. THE VILLAGE OFFICER, MAKRERI VILLAGE, KANNUR DISTRICT-670622.

BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).No. 21540 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 :

TRUE COPY OF THE TAX RECEIPT DT.11-08-2014.

EXT.P2 :

TRUE COPY OF THE CERTIFICATE DT.22-12-2014 ISSUED BY THE 5TH RESPONDENT.

EXT.P3 :

TRUE COPY OF THE CERTIFICATE DT.22-11-2014 ISSUED BY THE VILLAGE OFFICER, MAKRERI VILLAGE CERTIFYING THAT THE PROPERTY IS NOT INCLUDED IN THE DATA BANK.

EXT.P4 :

TRUE COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE PROPERTY.

EXT.P5 :

TRUE COPY OF THE JUDGMENT DT.9-2-2015 IN WPC 2842/2015 OF THIS HONOURABLE COURT.

EXT.P6 :

TRUE COPY OF THE NOTICE ISSUED BY THE R4.

EXT.P7 :

TRUE COPY OF THE PROCEEDINGS OF R3 DT.30-6-2015. RESPONDENT(S)' EXHIBITS: NIL.

//TRUE COPY// P.A. TO JUDGE.

Prv/2.

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.21540 of 2015 - N ====================== Dated this the 16th day of July, 2015

J U D G M E N T

The petitioner is aggrieved with Ext.P7, which declined the conversion sought for by reclamation.

2. The learned Special Government Pleader (Revenue) submits that the same is an appealable order under Section 9(6) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity, Act of 2008).

In such circumstance, leaving open such remedy, the writ petition would stand closed.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.