WP(C)/11858/2025 of DAVIS, Vs DISTRICT COLLECTOR, on 1 April 2025

JUDGMENT

This writ petition is submitted by the petitioners, challenging Ext.P6 order passed by the 1st respondent on 15.02.2025. It is seen from the records that, Ext.P6 is a consequential order passed by the 1st respondent, based on yet another order dated 15.07.2024 passed under Section 13 of Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioners had neither produced the said order dated 15.07.2024, nor challenged the same in this writ petition. In the absence of any challenge against the basic order on which Ext.P6 is passed, the relief sought in this writ petition cannot be considered. Of course it is true that, the petitioners raised a contention that the order dated 15.07.2024 was issued to the predecessor in interest of the petitioners. However, that will not enable the petitioners to confine their challenge to Ext.P6 order. This is because, being the subsequent purchasers of the property the petitioners have stepped into the shoes of the previous owner and all the rights and liabilities attached with the property are applicable to the petitioners as well. In such circumstances, I do not find any justification to entertain this writ petition and accordingly, this writ petition is dismissed without prejudice to the right of the petitioners to challenge the order dated 15.07.2024 passed under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Sd/- ZIYAD RAHMAN A.A. JUDGE scs

APPENDIX OF WP(C) 11858/2025 PETITIONER EXHIBITS Exhibit - P1 TRUE COPY OF THE SALE DEED DATED 19/6/2017 EXECUTED BY GEETHA AND SHANTA IN FAVOUR OF PETITIONER'S 1 TO 3 , SHOWING THE OWNERSHIP AND POSSESSION OF PETITIONER’S 1 TO 3 Exhibit - P2 A TRUE COPY OF THE SALE DEED EXECUTED BY GEETHA AND SHANTA AMMA IN FAVOUR OF PETITIONER'S 4 & 5 VIDE DOCUMENT NO 1999/I/2017 AND DATED 19/6/2017 Exhibit - P3 A TRUE COPY OF THE DOCUMENT EXECUTED BY ONE MALINI AND PREMAVATHI IN FAVOUR OF THE PETITIONERS HEREIN GRANTING THEM EXPLICIT EASEMENTARY RIGHT TO USE THE WAY FOR THEIR INGRESS AND AGGRESS TO THEIR PROPERTIES,BY WAY OF DOCUMENT NUMBER 2003 / 2017 OF WADAKKANCHERY DATED 19/6/2017 Exhibit - P4 A TRUE COPY OF THE PETITION SUBMITTED BY PETITIONER'S BEFORE THE FIRST RESPONDENT DATED 07/09/2024 FOR REGULARISATION AND RECLAMATION OF THE SAID PATHWAY FOR INGRESS AND EGRESS TO THEIR PROPERTIES Exhibit - P5 A TRUE COPY OF THE PHOTOGRAPHS OF THE SAID PATHWAY Exhibit - P6 A TRUE COPY OF THE REJECTION ORDER ADDRESSED TO THE PETITIONER'S , BY DEPUTY COLLECTOR ON BEHALF OF THE FIRST RESPONDENT DATED 15/2 / 2025