IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE25H DAY OF SEPTEMBER20133RD ASWINA, 1935 WP(C).No. 23373 of 2013 (V) ---------------------------- PETITIONER : ------------- CHERIAN GEORGE, AGED54YEARS, S/O GEORGE, NEERAMPUZHA HOUSE, THENNATHOOR KARA, PARAPPUZHA P.O, KODIKULAM VILLAGE, THODUPUZHA TALUK BY ADVS.SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS : -------------- 1. DISTRICT COLLECTOR, IDUKKI - 685 601 2. THE TAHSILDAR, TALUK OFFICE, THODUPUZHA - 685 584 3. AGRICULTURAL OFFICER, KRISHI BHAVAN, KODIKULAM, VANDAMATTOM P.O., THODUPUZHA - 685 551 4. THE VILLAGE OFFICER, VILLAGE OFFICE, KODIKULAM - 685 582 5. JOSHY GEROGE, S/O GEORGE, EDATTU HOUSE, THENNATHOOR KARA, KODIKULAM VILLAGE, THODUPUZHA TALUK - 685 582 R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2509-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- WP(C).No. 23373 of 2013 (V) ---------------------------- APPENDIX PETITIONER'S EXHIBITS : --------------------- EXHIBIT P1 : COPY OF THE COMPLAINT DATED0103-2008 BEFORE THE2D RESPONDENT EXHIBIT P2 : COPY OF THE REPRESENTATION DATED0605-2009 BEFORE THE REVENUE DIVISIONAL OFFICER, IDUKKI BY THE PETITIONER'S SISTER EXHIBIT P3 : COPY OF THE COMPLAINT DATED2501-2011 BEFORE THE2D RESPONDENT BY THE PETITIONER EXHIBIT P4 : COPY OF THE REPLY DATED2503-2013 ISSUED BY THE2D RESPONDENT EXHIBIT P5 : COPY OF THE REPLY DATED1005-2013 ISSUED BY THE3D RESPONDENT TO THE PETITIONER EXHIBIT P6 : COPY OF REPRESENTATION DATED1507-2013 BEFORE THE IST PETITIONER RESPONDENTS' EXHIBITS : NIL ---------------------- TRUE COPY PA TO JUDGE RKM P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No. 23373 OF2013......................................................................... Dated this the 25th September, 2013
JUDGMENT
The petitioner has approached this Court with the following prayers: "i) Call for the entire records relating to the above case. ii) Issue a writ of mandamus or any other appropriate writ, direction or order, commanding the 1st respondent to initiate appropriate legal actions against the 5th respondent as contemplated u/s.13 and 23 of the Act, on the basis of Ext.P6 representation. iii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to consider Ext.P6 representation and pass appropriate orders as provided u/s.13 and 23 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, as expeditiously as possible within a specified time as fixed by this Hon'ble Court. iv) Grant such other and further reliefs, which this Hon'ble Court feels just and proper to grant in the circumstances of the case, including the entire costs of the proceedings." 2. The petitioner is the owner of paddy lands adjacent to the 5th respondent's paddy land and is aggrieved of the illegal W.P.(C)No. 23373 OF20132 actions being pursued by the 5th respondent by converting his paddy land for rubber cultivation violating the provisions of the Act 28 of 2008. The grievance of the petitioner has already been projected before the District Collector by way of Ext.P6 representation, which is still to be acted upon.
3. The limited prayer raised before this Court is for issuance of a direction to the first respondent to consider and pass appropriate orders on Ext.P6. Considering the limited nature of relief pressed before this Court, it is not necessary to adjudicate the issue on merits. Accordingly, the first respondent is directed to consider and pass appropriate on Ext.P6, with notice to the petitioner as well as to the 5th respondent, at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps. The writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE lk