Manoj Joseph v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 WP(C).No. 24636 of 2015 (D) ---------------------------- PETITIONER:

------------------- MANOJ JOSEPH S/O.V.V. JOSEPH, RESIDING AT VEDAMPARAMBIL VEEDU CHATHANKARI MURI, AMICHAKARI P.O., PIN - 689 571 PERINKARA VILLAGE, THIRUVALLA TALUK.

BY ADVS.SRI.M.RAMASWAMY PILLAI SMT.PREETHY R. NAIR RESPONDENTS:

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1. STATE OF KERALA REPRESENTEDBY ITS REVENUE SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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

3. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA TALUK, THRIUVALLA, PATHANAMTHITTA DISTRICT.

4. THE TAHSILDAR, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.

5. THE VILLAGE OFFICER, PERINKARA VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA DISTRICT.

6. THE CHATHANKARI PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHATHANKARI PERINKARA VILLAGE, THIRUVALLA TALUK.

7. LOCAL LEVEL MONOTORING COMMITTEE, CHATHANKARI PANCHAYATH, PERINKARA VILLAGE THIRUVALLA TALUK. REPRESENTED BY ITS CHAIRMAN 686 011

8. THE AGRICULTURAL OFFICER, CHATHANKARI GRAMA PANCHAYATH, PERINKARA VILLAGE THIRUVALLA TALUK.

BY SR. GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24636 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1TRUE COPY OF THE SALE DEED NO. 2037/1/2012 DATED 22/06/2012 EXECUTED BY ONE VARGHESE ABRAHAM IN FAVOUR OF THE PETITIONER AND HIS WIFE.

EXHIBIT-P2TRUE COPY OF THE LAND TAX RECEIPT DATED 06/04/2015 FOR THE YEAR 2015-16 EXHIBIT-P3TRUE COPY OF THE APPLICATION FORM ON 30/09/2013 SUBMITTED BY THE PETITIONER BEFORE THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE EXHIBIT-P4TRUE COPY OF THE CERTIFICATE DATED 05/01/2014 ISSUED BY THE VILLAGE OFFICE R OF PERINKARA VILLAGE BY 5TH RESPONDENT. EXHIBIT-P5TRUE COPY OF THE SKETCH DATED 07/07/2015. EXHIBIT-P6TRUE COPY OF THE DOCUMENT NO. 1970 DATED 07/07/2015. EXHIBIT-P7TRUE COPY OF THE CONSENT DOCUMENT NO. 1967 DATED 07/07/2015.

EXHIBIT-P8TRUE COPY OF THE AFFIDAVIT DATED 06/07/0215 EXECUTED BY THE PETITIONER AND HIS WIFE JOINTLY AND THE NOTARIZED. EXHIBIT-P9TRUE COPY OF THE FRESH APPLICATION FORM DATED 08/07/2015. EXHIBIT-P10- TRUE COPY OF THE LETTER DATED 08/07/2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 24636 of 2015 (D) ------------------------------------------ Dated this the 20th day of August, 2015

J U D G M E N T

The petitioner has filed Ext.P9 application in Form No.1 as provided in the Kerala Conservation of Paddy Land and Wet Land Rules, 2008, which application is permitted by Rule 5 of the said Rules. The petitioner only seeks consideration of the same.

2.

The Local Level Monitoring Committee (R7), before whom the application is filed, has to forward the same to the District Level Authorised Committee for consideration, with remarks on the same.

3.

In such circumstance, the 7th respondent shall, if need be, after conducting a physical inspection, forward the remarks within a period of one month from the date of receipt of the certified copy of this judgment. Writ petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj