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M.R.Asok Kumar

High Court Of Kerala|10 June, 2014
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JUDGMENT / ORDER

Petitioner challenges Ext.P11 order passed by the Revenue Divisional Officer invoking Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'the Act'). Apparently, the Revenue Divisional Officer has no power to exercise jurisdiction under Section 13, and the power is vested only with the District Collector. Hence for that reason itself, Ext.P11 is liable to be quashed. 2. However, having regard to the factual situation involved in the matter, the Revenue Divisional Officer is directed to place the records relating to the same before the District Collector, who shall have to consider the same and pass appropriate orders in terms with Section 13 after hearing the affected parties.
In the result, this writ petition is disposed of as under:
Ext.P11 is quashed. The 2nd respondent shall place the entire files relating to Ext.P11 before District Collector having jurisdiction in the area and W.P.C.No.13435 OF 2014 2 the said authority shall consider the same and pass appropriate orders after hearing the affected parties. Until then, the petitioner shall maintain status quo with reference to the property.
Sd/- A.M.SHAFFIQUE, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

M.R.Asok Kumar

Court

High Court Of Kerala

JudgmentDate
10 June, 2014
Judges
  • A M Shaffique
Advocates
  • T S Maya
  • P Y Ahammed Physi