IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WA.No. 41 of 2009() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37387/2008 Dated 18/12/2008 .................... APPELLANT(S): PETITIONER: --------------------------------------------- VARKEY THOMAS, S/O.VARKEY, AGED 54, CHAMBONTHAKARAYIL HOUSE, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 3. THE TAHSILDAR, MUVATTUPUZHA. 4. THE VILLAGE OFFICER, KOOTHATTUKULAM. GOVERNMENT PLEADER SMT. K.MEERA FOR R1 TO R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY, Ag. CHIEF JUSTICE & P.R. RAMACHANDRA MENON, J. ........................................................................ W.A. No. 41 OF 2009 ......................................................................... Dated this the 6th January, 2009 J U D G M E N T KOSHY, Ag. CJ. : The appellant/petitioner is an agriculturist and owner of certain lands in Sy.No.649/3 of Koothattukulam village, which is a part of a large extent of 'Champonthpadam'. It is the case of the appellant that his paddy field is inundated throughout the year due to the flow of water from the distributory which passes nearer to the petitioner's paddy field, so that he is unable to cultivate the paddy field. In the above circumstance he submitted a representation to the Honourable Minister for Revenue requesting to grant permission to raise the paddy field to the level of the 'kaithodu' which passes on the southern side of his paddy filed, so that he can cultivate the land . The concerned officer/collector refused to entertain the application on the ground that there is a government direction not to entertain any application for raising the paddy field. It is the view of the Government that on the ground of reclamation of paddy fields, several paddy fields were converted to garden lands. 2. It is submitted by the petitioner that he wants to raise his paddy W.A. No. 41 OF 2009 2 field only to some extent , that is upto the level of kaithodu on the southern side of his property, so that he can cultivate paddy . 3. In the facts and circumstances of the case, we are of the view that there is some force in the contentions raised by the petitioner/appellant. Hence we set aside Ext.P7 proceedings passed by the District Collector and direct the Collector and Revenue Divisional Officer to consider the petitioner's representation and pass appropriate orders on merit. The petitioner shall produce copies of Exts.P3 and P6 before the first respondent/Collector. Appropriate orders shall be passed by the concerned officer as expeditiously as possible, in any event, within a period of one month from the date of receipt of a copy of this judgment. The Writ Appeal is disposed of as above. J.B. KOSHY, ACTING CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk