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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
VINUMON.C. – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
| Table of Content |
|---|
| 1. court's criticism of standard orders. (Para 1) |
| 2. petitioner's claim of land ownership. (Para 2 , 3 , 4) |
| 3. arguments presented by parties. (Para 5 , 6) |
| 4. discussion of form-5 application. (Para 7) |
| 5. legal context of kerala conservation act. (Para 8 , 9 , 10) |
| 6. judicial precedents on land classification. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 7. court's directive for reconsideration and disciplinary actions. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
JUDGMENT
Nowadays, the routine duty of this Court is to set aside stereotypical orders passed by authorised officers in Form 5 applications filed by land owners in accordance with the Kerala Conservation of Paddy Land and Wetland Rules, 2008. (‘Rules 2008’, for brevity) When Form-5 applications are filed before the authorised officers, 90% of them are disposed of with the same set of sentences without application of mind by the authorised officers. This Court, in several judgments, directed the authorised officers to pass a speaking order after adverting to the contentions of the respective parties. But, even if there are several such directions from this Court, the orders are passed without considering those judgments
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