IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25891 of 2011(J) ------------------------------------- PETITIONER(S): ---------------------- 1. T.VALSARAJAN, S/O. LATE NARAYANAN NAIR, RESIDING AT LAKSHMI, PULLUMKUNNU ROAD, GOVT. SECRTARIAT, THIRUVANANTHAPURAM 695 001. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.R.SREEDHARAN NAIR SMT.MINI.V.A. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REP.BY THE SECRETARY, LOCAL SELF GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE RAMANATTUKARA GRAMA PANCHAYAT, KOZHIKODE, REP.BY ITS SECRETARY 673 633. 3. THE PRESIDENT RAMANATTUKARA, GRAMA PANCHAYAT, KOZHIKODE, (THE CHAIRMAN MONITORING COMMITTEE OF DATA BANK, RAMANATTUKARA VILLAGE 673 633. 4. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, KOZHIKODE 673 020. 5. RADHA BALAN, RESIDING AT VIA SI APARTMENTS, GLANDANE POINT, SIVAPURI, BANK ROAD, NEAR FATHIMA HOSPITAL, KOZHIKODE 673 020. 6. THE SECRETARY, AGRICULTURE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001. 7. THE DISTRICT COLLECTOR, KOZHIKODE DTD. 673 020. R1, 4, 6 & 7 BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.25891/2011 P1:- COPY OF THE ORDER DTD. 23.8.2001 OF THE 4TH RESPONDENT. P2:- COPY OF THE ROUGH SKETCH OF THE PETITIONER'S PROPERTY AND ITS LIE. P3:- COPY OF THE COMPLAINT OF THE PETITIONER DTD. 24.2.2010 BEFORE THE 4TH RESPONDENT. P4:- COPY OF THE ORDER DTD. 25.6.2010 OF THE 4TH RESPONDENT. P5:- COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT DTD. 31.3.2008. P6:- COPY OF THE REVISION PETITION DTD. 19.7.2010 SUBMITTED BY THE PETITIONER BEFORE THE GOVT. P7:- COPY OF THE G.O.(RT) 183/2010/AD DTD. 27.1.2011. P8:- COPY OF THE PETITIONER'S OBJECTION DT.D 18.8.2011 SUBMITTED BEFORE THE AGRICULTURE OFFICER RAMANATTUKARA. P9:- COPY OF THE MINUTES OF THE MONITORING COMMITTEE DTD. 22.11.2010. P10:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P10(A):- COPY OF THE REPRESENTATION DTD. 22.2.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P11:- COPY OF THE NOTICE DTD. 7.6.2011 OF THE 4TH RESPONDENT TO THE PETITIONER'S AND THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J ....................................................... W.P.(C).25891/2011 .............................................. Dated this the 29th day of September, 2011 JUDGMENT In this writ petition the prayer sought is to quash Ext.P4 and P7 or to direct consideration of Ext.P10. Exts.P4 and P7 are orders passed by the authorities under the Kerala Conservation of Paddy Land and Wetland Act, 2008 directing that the Data bank in relation to the area where the property of the fifth respondent should be finalised. In Ext.P10, the prayer of the petitioner is to expeditiously prepare such Data bank. 2. Petitioner is a resident of a building in a plot of land adjacent to that of the fifth respondent and the petitioner admits of having converted his plot and converted it into a garden land and constructed a building therein. It is despite this that, he contends that the property of the fifth respondent should be retained as a paddy filed. 3. Having regard to this prayer, I see no reason why the petitioner should challenge Exts.P4 and P7. Now that Exts.P4 and P7 as stated to be in force, it is necessary that consequential W.P.(C).25891/11 2 action based on Exts.P4 and P7 should be taken which precisely is the prayer made by the petitioner in Ext.P10. 4. Therefore, I dispose of this writ petition directing that the third respondent shall take appropriate action on Ext.P10 with notice to the fifth respondent, in terms of the provisions of Act 28 of 2008. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs