IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1516 of 2008()
1. K.RAJENDRAN, S/O.KRISHNA PILLAI
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY THE
... Respondent
2. THE COMMISSIONER, LAND REVENUE,
3. THE REVENUE DIVISIONAL OFFICER, KOLLAM
4. DR.V.K.JAYAKUMAR, MANAGER, SABARI GIRI
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent :SMT.S.KARTHIKA
The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :03/03/2010
O R D E R
P.R.RAMAN, AG. C.J. &
C.N.RAMACHANDRAN NAIR, J.
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Writ Appeal No.1516 of 2008
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Dated this the 3rd day of March, 2010.
JUDGMENT
Ramachandran Nair, J.
Appeal is filed against judgment of the learned Single Judge
rejecting appellant’s challenge against filling up of paddy field by a
School for the purpose of the School, which itself is done after
obtaining permission from the concerned authorities.
2. We have heard counsel for the appellant. Admittedly school
was already set up in the converted land which was originally paddy
field. When the land available with the school was insufficient for the
purpose of the school, the school authorities requested the R.D.O. to
permit filling of 37 cents of paddy field for the purpose of school. The
R.D.O. on being satisfied about the additional requirement of land for
the school, permitted the same, against which the W.P.(C) was filed.
The appellant’s case is that appellant being neighbouring paddy field
owner is not able to cultivate paddy on account of filling neighbouring
paddy land by the school authorities. If the paddy land of the appellant
W.A. 1516/2008 2
has ceased to be unfit for paddy cultivation, we feel the only recourse
open to the appellant is to ask for permission for conversion of his
paddy land also for utilisation for other purposes. Since we find no
merit in the Writ Appeal, we dismiss the same but with the above
observation.
P.R.RAMAN
Acting Chief Justice
C.N.RAMACHANDRAN NAIR
Judge
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