LAWS(KER)-2019-4-40

BIJU N. Vs. DISTRICT COLLECTOR CIVIL LINES, KOLLAM

Decided On April 12, 2019
Biju N. Appellant
V/S
District Collector Civil Lines, Kollam Respondents

JUDGEMENT

(1.) The petitioner, who is stated to be the owner in possession and enjoyment of 02.40 Ares (5.05 cents) of land in Re.Sy.No.162/22 in Kulakkada Village in Kottarakkara Taluk, Kollam District covered by Sale Deed No.327/2016 of Kalayapuram Sub Registrar Office and Ext.P1 land tax receipt, has filed this writ petition under Art. 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P9 notice dated 07.03.2019 issued by the 1st respondent. The petitioner has also sought for a writ of mandamus commanding the respondents to grant him sanction and permit to construct a residential building in the aforesaid property by allowing Exts.P4 and P7 applications, as the property is found to be reclaimed land, far prior to 2008, i.e., before the Kerala Conservation of Paddy Land and Wetland Act, 2008 came into force.

(2.) On 10.04.2019, when this writ petition came up for admission, this Court noticed that Ext.P9 order is revisable under Sec. 28 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The learned counsel for the petitioner sought adjournment.

(3.) Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.