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2023 Supreme(Online)(Ker) 53619

KERALA HIGH COURT
P. V. Kunhikrishnan, J.
Krishnankutty v. District Collector Thrissur
W.P.(C). No.31273/2011 | W.P.(C). No.20624/2011



Court emphasizes petitioners' rights to seek remedies under the Kerala Conservation of Paddy Land and Wetland Act, 2008 regarding land classification.

Headnote:The cases involve the issuance of writs of certiorari to quash orders by the District Collector confirming restoration of land as paddy land under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The court held that petitioners have remedies under the Act to approach the competent authority for appropriate reliefs. Issues involved include the validity of the impugned orders and the avenues available for petitioners under the Act. The verdict indicates that the petitions are closed without further statutory complication.

Table of Content
1. procedures for writ petitions and statutory remedies under the kerala act. (Para 1 , 2 , 3)

1. These two writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment.

2. The prayers in these writ petitions are as follows:
W.P.(C). No.31273/2011:
i. Issue a writ of certiorari quashing Exhibit - P1 & Exhibit - P3 orders passed by the 1st respondent and 2nd respondent respectively.
ii. Such other reliefs this Honorable Court deems fit and proper to grant in the facts and circumstances of the case. (SIC)
W.P.(C). No.20624/2011:
i. Issue a writ of certiorari quashing Exhibit - P1 & Exhibit - P3 orders passed by the 1st respondent and 2nd respondent respectively.
ii. Such other reliefs this Honorable Court deems fit and proper to grant in the facts and circumstances of the case. (SIC)

3. The impugned orders in these writ petitions are passed by the Government by which the direction of the District Collector to restore the land as paddy land is confirmed. As per the Kerala Conservation of Paddy Land and Wetland Act , 2008 (for short, Act 2008), the petitioners have got remedy to convert the nature of land. The petitioners are free to approach the competent authority as per Act 2008 for appropriate remedy. If such an application is filed, the statutory authority as per Act 2008 will consider those applications untrammeled by any observation in the impugned orders in these writ petitions.
With the above observations these writ petitions are closed.

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