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2025 DAILYLAW 7491 (KER)

VICAR, ST.JUDE CHURCH v. STATE OF KERALA

WA/1840/2019 · 2025-03-25

Nitin Jamdar, S Manu

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W. A. No. 1840 of 2019 -1- 2025:KER:26952 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WA NO. 1840 OF 2019 AGAINST THE JUDGMENT IN WP(C) NO.40674 OF 2018 OF HIGH COURT OF KERALA APPELLANT/S: VICAR, ST.JUDE CHURCH (MANAGER ST.JUDE HIGHER SECONDARY SCHOOL), KARNAKODAM, THAMMANAM P.O, ERNAKULAM-32. BY ADV JOHN JOSEPH(ROY) RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI, KOCHI- 682001. 3 CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CANNON SHED ROAD, MARINE DRIVE, ERNAKULAM-682011. BY ADVS. V.P.REJITHA (PUZHAKKALIDOM) ASHWIN SETHUMADHAVAN, SR. GP W. A. No. 1840 of 2019 -2- 2025:KER:26952 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. A. No. 1840 of 2019 -3- 2025:KER:26952 J U D G M E N T Dated this the 25th day of March, 2025 Nitin Jamdar, C. J. Heard Mr. John Joseph (Roy), learned counsel for the Appellant and Mr. Aswin Sethumadhavan, learned Senior Government Pleader. 2. Learned counsel for the Appellant / Original Petitioner submitted that the Appellant had prayed for a direction to Respondent No. 2- Revenue Divisional Officer to decide Ext. P8 application made by the Appellant under Section 27A(1) of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018 (Act 29 of 2018). The learned Single Judge by order dated 18 December 2018 in W. P. (C) No. 40674 of 2018 directed Respondent No. 2 to finalise Ext. P8 application in accordance with law, treating it as one under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, as amended by the Act 29 of 2018, since it was the case of the Appellant that it was submitted after the appointed date. Despite this direction in favour of the Appellant, the Appellant has challenged the order passed by the learned Single Judge in this appeal. 3. Learned counsel for the Appellant submitted that the Authority has now fixed the charges for grant of application under Section 27A(1) of the Act 29 of 2018 on an exorbitant basis and it is Ext. P7 application of the Appellant made under the Kerala Land Utilisation Order, 1967, which should be directed to be considered. W. A. No. 1840 of 2019 -4- 2025:KER:26952 4. The prayer of the Appellant in the writ petition was specific, which was to take a decision on Ext. P8 application under Section 27A(1) of the Act 29 of 2018. The matter was argued on that basis. Therefore, there is no error in the view taken by the learned Single Judge in granting the prayer made by the Appellant. The Appellant specifically chose this course of action. There was no direction sought to decide Ext. P7 application which was under a different enactment. The Appellant will have to be restricted to the prayers made in the writ petition. Noting the fact that it was the same prayer which was sought by the Appellant in the writ petition that was allowed, no further indulgence is required in appeal. 5. The appeal is dismissed. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S. MANU JUDGE Eb W. A. No. 1840 of 2019 -5- 2025:KER:26952 APPENDIX OF WA 1840/2019 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF WRIT PETITION WITH EXHIBITS. ANNEXURE 2 TRUE COPY OF THE IA NO.1 OF 2019 AND 2 OF 2019 IN THE ABOVE WRIT PETITION.