IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 19035 of 2011(D) -------------------------- PETITIONER(S): --------------- GOPALAKRISHNAN, S/O. VARUVILA KOCHUKUNJU, AGED 48 YEARS, KONNIYUR MURI, PERUMKULAM VILLAGE, NEDUMANGADU TALUK, (PUNALAL.P.O) THIRUVANANTHAPURAM DISTRICT-695572. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR – 680 001. 2. THE REVENUE DIVISIONAL OFFICER, THRISSUR – 680 001. 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KODAKARA,THRISSUR – 680 684. 4. KODAKARA GRAMA PANCHAYATH, KODAKARA, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY – 680 684. 5. THE SUB INSPECTOR OF POLICE, KODAKARA - 680 684. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19035 of 2011(D) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE SALE DEED DTD.29.9.2010 EXT.P2: COPY OF THE BASIS TAX RECEIPT DTD.8.2.2011 EXT.P3: COPY OF THE POSSESSION CERTIFICATE DTD.8.2.2011 EXT.P4: COPY OF THE SALE DEED NO.440/1/2011 DTD.30.11.2010 EXT.P5: COPY OF THE SKETCH IN RESPECT OF THE PROPERTY OF THE PETITIONER. EXT.P6: PHOTOGRAPHS SHOWING THE ANATHADAM PUMP HOUSE EXT.P7: PHOTOGRAPHS SHOWING THE NURSERY BUSINESS ETC. AND FENCING PROVIDED TO THE PETITIONER'S PROPERTY. EXT.P8: PHOTOGRAPHS SHOWING THE SURROUNDING PROPERTIES AND THE TEMPORARY SHED EXT.P9: COPY OF THE FIR No. 624 DTD.8.5.2011 EXT.P10: COPY OF THE CERTIFICATE ISSUEDBY THE MEDICAL OFFICER EXT.P11: COPY OF THE COMPLAINT FILED BY THE PETITIONER DTD.8.5.2011 EXT.P12: COPY OF THE REPRESENTATION DTD.10.6.2011 EXT.P13: COPY OF THE ORDER PASSED IN W.P(C) No.17133/2011 DTD.24.6.2011 EXT.P14: COPY OF THE COMMUNICATION DTD.18.12.2010 EXT.P15: COPY OF THE APPLICATION DTD.23.6.2011 EXT.P16: COPY OF THE REPLY DTD.21.6.2011 EXT.P17: COPYO F THE REPLY DTD.27.6.2011 EXT.P18: COPY OF THE COMMUNICATION DTD.1.7.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19035 of 2011 ---------------------------------------- Dated this the 13th day of July, 2011. J U D G M E N T Challenge in this writ petition is against Exts.P14 and P18. These are orders passed by the 3rd respondent in the purported exercise of power under the Kerala Conservation of Paddy Land and Wet Land Act 2008 (Act 28/2008). Contention of the learned counsel for the petitioner is that the 3rd respondent is not the statutory authority, as contemplated under the Act. Therefore, according to the learned counsel these are orders passed without jurisdiction. 2. Heard the learned Government Pleader. The Government Pleader contended that if the petitioner aggrieved by Exts.P14 and P18, statutory remedy is available to him and hence, according to him, the writ petition is not maintainable. 3. In cases where an order is challenged on the ground of want of jurisdiction, alternative remedy available W.P(C) No.19035 of 2011 2 to the petitioner is not a bar for entertaining a writ petition filed before this Court. Therefore, I reject the plea raised by the learned Government Pleader. 4. Learned Government Pleader was unable to show any provision in Act 28/2008 conferring the 3rd respondent authority to pass orders in the nature of Exts.P14 and P18 and therefore in my view, I should accept the contention of counsel for the petitioner and the orders are to be set aside on that ground itself. Therefore, Exts.P14 and P18 orders are set aside. 5. Accordingly, I dispose of this writ petition, quashing Exts.P14 and P18 and directing the 3rd respondent to report violation of Act 28/2008, if any committed by the petitioner to the 1st respondent. Thereupon the 1st respondent shall take appropriate action in the matter with notice to the petitioner. ANTONY DOMINIC ab JUDGE