IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
N.M.ABUBACKER – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) NO. 1118 OF 2021
| Table of Content |
|---|
| 1. petitioner seeks to stop illegal reclamation. (Para 1) |
| 2. counter affidavit claims lawful property conversion. (Para 2) |
| 3. court directs examination of claims and decision-making. (Para 3) |
JUDGMENT
The petitioner has approached this Court seeking a direction to respondents 1 to 4 to take immediate steps to stop the illegal reclamation of the paddy land comprised in Re.Sy.No.587/4 in Block No.9 of Kakkanad Village carried out by the 6th respondent. The grievance raised by the petitioner is that though he has preferred Exts.P1 to P3 complaints in this regard, no action has been taken on the same.
2. A detailed counter affidavit has been filed by the 6th respondent, wherein it is stated that the property is converted prior to 2001 as evident from Ext.R6(a) draft data bank and that he has obtained Ext.R6(b) building permit for construction of a compound wall protecting the subject property.
3. Since complaints preferred by the petitioner are pending before the authorities, I am of the view that the 1st respondent shall examine as to whether the activity undertaken by the 6th respondent is in violation of the provisions of the Kerala Conservation of the Paddy Land and Wetland Act .
Taking into consideration the above facts and circumstances, the writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P1 request submitted by the petitioner, after affording an opportunity of being heard to the petitioner and the 6th respondent, if the same is received and pending. The petitioner as well as the 6th respondent shall be given ample opportunity to produce documents/evidence in support of their contentions, which shall be duly considered by the 1st respondent while taking a decision as directed above. A decision in this regard shall be taken by the 1st respondent, within an outer limit of three months from the date of receipt of a copy of this judgment.
Sd/-
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