WP(C) Nos.13211 & 20383 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 22ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944
WP(C) NO. 20383 OF 2022
PETITIONER/S:
1 S. RADHAKRISHNAN
AGED 64 YEARS
S/O SIVADASAN, RESIDING AT SREE NANDANAM HOUSE,
CHAVARA BRIDGE P.O KOLLAM, PIN - 691583
2 K.S. JAYAPRAKASH
AGED 69 YEARS
S/O SIVADASAN, RESIDING AT SREE NILAYAM HOUSE,
CHAVARA BRIDGE P.O KOLLAM, PIN - 691583
BY ADVS.
P.M.MANOJ
HAMZATH ALI V.K.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM
2 THE DISTRICT COLLECTOR
CIVIL STATION, KOLLAM, PIN - 691013
3 THE REVENUE DIVISIONAL OFFICER
CIVIL STATION, KOLLAM, PIN - 691013
WP(C) Nos.13211 & 20383 OF 2022 2
4 LOCAL LEVEL MONITORING COMMITTEE
CHAVARA GRAMA PANCHAYATH,
REPRESENTED BY ITS CONVENER,
AGRICULTURE OFFICER, KRISHI BHAVAN CHAVARA, KOLLAM,
PIN - 691583
5 THE VILLAGE OFFICER
CHAVARA VILLAGE, KOLLAM, PIN - 691583
6 THE AGRICULTURE OFFICER
KRISHI BHAVAN CHAVARA, KOLLAM, PIN - 691583
7 KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE
(KSREC)
'C' BLOCK, VIKAS BHAVAN, THIRUVANANTHYAPURAM, PIN -
695033
8 CHAVARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY
KOTTANKULANGARA BHARANIKAVU RD, PUTHUKKAD, CHAVARA,
KOLLAM, PIN - 691585 REPRESENTED BY THE SECRETARY
SRI.M.R.SASITH, SC
SRI.ASHWIN S SETHUMADHAVAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.08.2022, ALONG WITH WP(C).13211/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13211 & 20383 OF 2022 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 22ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944
WP(C) NO. 13211 OF 2022
PETITIONER/S:
1 S.RADHAKRISHNAN,
AGED 64 YEARS
S/O. SIVADASAN, RESIDING AT SREE NANDANAM HOUSE,
CHAVARA BRIDGE P.O., KOLLAM-691583.
2 K.S. JAYAPRAKASH,
AGED 69 YEARS
S/O. SIVADASAN, RESIDING AT SREE NILAYAM HOUSE,
CHAVARA BRIDGE P.O., KOLLAM-691583.
BY ADVS.
P.M.MANOJ
S.RUSSEL
HAMZATH ALI V.K.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO AGRICULTURE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
695001.
3 THE SECRETARY TO THE GOVERNMENT,
WP(C) Nos.13211 & 20383 OF 2022 4
HOME & VIGILANCE, SECRETARIAT, THIRUVANANTHAPURAM-
695001.
4 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, KOLLAM-691013.
5 THE PRINCIPAL AGRICULTURAL OFFICER,
CIVIL STATION, KOLLAM-691013.
6 LOCAL LEVEL MONITORING COMMITTEE,
GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER,
AGRICULTURE OFFICER, KRISHI BHAVAN CHAVARA, KOLLAM-
69183.
7 THE VILLAGE OFFICER,
CHAVARA VILLAGE, KOLLAM-691573.
8 JIMSHAD A.,
PAVASSERIL HOUSE, S.V. MARKET P.O., KARUNAGAPPALLY-
690573.
9 NOOBIYA BASHEER,
FORMER AGRICULTURAL OFFICER, CHAVARA, RESIDING AT
PILLA VEEDU, NADUVILAKKARA, THEVALAKKARA,
KARUNAGAPPALLY, KOLLAM-690524.
10 CHAVARA GRAMA PANCHAYAT.
KOTTANKULANGARA, BHARANIKAVU ROAD, PUTHUKKAD,
CHAVARA, KOLLAM-691585, REPRESENTED BY ITS SECRETARY.
SRI.M.R.SASITH, SC, SRI.ASHWIN SETHUMADHAVAN,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.08.2022, ALONG WITH WP(C).20383/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13211 & 20383 OF 2022 5
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C) Nos. 13211 and 20383 of 2022
--------------------------------------
Dated this the 22nd day of August, 2022
JUDGMENT
These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment.
2. W.P.(C.) No. 13211/2022 is filed with the following prayers :
"(a) Issue a writ of mandamus or any other appropriate writ or order directing the 4th respondent to finalize the proceedings and pass appropriate orders on Ext P8 and P8(A) application under S.27A of the Act within the time limit prescribed by this Hon'ble Court.
(b) Issue a writ of certiorari and calling for records leading to P4, P4(A), P7 and P9 and quash the same.WP(C) Nos.13211 & 20383 OF 2022 6
(c) Issue a writ of mandamus or any other appropriate writ or order directing the 3 rd respondent to finalize the proceedings initiated on the basis of Ext P12 within the time limit prescribed by this Hon'ble Court.
(d) Issue a writ of mandamus or any other appropriate writ or order directing the 2 nd respondent take departmental action against the 8th respondent after conducting a detailed enquiry de horse Ext P12(A) Vigilance report.
(e) Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent take departmental action against the 9th respondent after conducting a detailed enquiry in the light of Ext P12(A) Vigilance report.
(f) Issue any other order as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and also those are prayed for during the pendency of the WP(C).
(G) Order the entire cost of the petitioner from the respondent." [SIC] WP(C) Nos.13211 & 20383 OF 2022 7
3. When the above writ petition came up for consideration, this Court passed an interim order on 7.4.2022, which is extracted hereunder :
"Admit. Learned Government Pleader takes notice for R1, 2, 3, 4, 5, 6 and 7.
Issue notice to respondents 8 and 9 by speed post or by e- mail.
Learned Standing Counsel takes notice for R10. There will be an interim direction to R4 to consider and pass orders on Exts P8 and P8A applications within a period of two months from the date of receipt of a copy of this order."
4. As directed by this Court, Exts.P8 and P8 (a) in the above writ petition was considered and orders are passed. Those orders are challenged in W.P.(C.) No. 20383/2022. Exts.P11 and P11(a) are the orders. Admittedly, Exts.P11 and P11(a) are appealable as per Sec. 27B of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The counsel for the petitioners submitted that Exts.P11 and P11(a) orders are unsustainable. The counsel also submitted that as far as unnotified land is WP(C) Nos.13211 & 20383 OF 2022 8 concerned, Sec.13 proceedings cannot be initiated. Whatever that may be, Exts.P11 and P11 (a) orders are appealable. The petitioners can raise all these contentions before the appellate authority. The petitioners can be allowed to file an appeal within a time limit and there can be a direction to the appellate authority to consider the appeal within a time frame to be fixed by this Court.
Therefore, these two writ petitions are disposed of with the following directions :
1) The petitioners are free to challenge Exts.P11 and P11(a) in W.P.(C.) No. 20383/2022 before the 2 nd respondent in W.P.(C.) No. 20383/2022 within three weeks from the date of receipt of a copy of this judgment.
2) Once the appeal as directed above is filed, the 2 nd respondent will consider the same and pass appropriate orders in it, in accordance to law, as expeditiously as possible, at any rate, within one month from the date of WP(C) Nos.13211 & 20383 OF 2022 9 receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioners.
3) All the contentions raised in these two writ petitions are left open.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) Nos.13211 & 20383 OF 2022 10 APPENDIX OF WP(C) 13211/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SETTLEMENT DEED NO.
3039/2011 DATED 07/09/2011 WHEREBY THE 1ST PETITIONER OBTAINED THE PROPERTY. Exhibit P2 A TRUE COPY OF THE SETTLEMENT DEED NO.3040/2011 DATED 07/09/2011 WHEREBY THE 2ND PETITIONER OBTAINED THE PROPERTY. Exhibit P3 A TRUE COPY OF THE DATA BANK IS PUBLISHED IN KERALA GAZETTE EXTRA ORDINARY IN VOLUME 57 NO. 595/02/GP-19 DATED 24/03/2012. Exhibit P4 A TRUE COPY OF THE STOP MEMO HAVING NO.234/19-2 DATED 18/06/2019 BY THE VILLAGE OFFICER, CHAVARA ISSUED TO THE 1ST PETITIONER.
Exhibit P4(A) A TRUE COPY OF THE STOP MEMO HAVING NO.
234/19(1) DATED 18/06/2019 BY THE VILLAGE OFFICER, CHAVARA ISSUED TO THE 2ND PETITIONER.
Exhibit P5 A TRUE COPY OF THE SAID COMMUNICATION HAVING NO.234/19(3) DATED 18/06/2019. Exhibit P6 THE TRUE COPY OF THE MINUTES OF THE LLMC MET ON 24/07/2019 RECEIVED UNDER RIGHT TO INFORMATION ACT.
Exhibit P7 A TRUE COPY OF THE COMMUNICATION NO. K 152078/19 DATED 01/01/2020.
Exhibit P8 A TRUE COPY OF THE APPLICATION SUBMITTED BY WP(C) Nos.13211 & 20383 OF 2022 11 THE 1ST PETITIONER DATED 08/06/2020. Exhibit P8(A) A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED 08/06/2020. Exhibit P9 A TRUE COPY OF THE ORDER NO. KBC 46/17-18 DATED 25/02/2020.
Exhibit P10 A TRUE COPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER TO LLMC DATED 02/03/2020.
Exhibit P11 A TRUE COPY OF THE DRAFT MINUTES OF LLMC OF CHAVARA GRAMA PANCHAYAT MET ON 15/06/2020. Exhibit P12 A TRUE COPY OF THE COMPLAINT DATED 16/06/2020.
Exhibit P12(A) A TRUE COPY OF THE REPORT OF THE VIGILANCE INSPECTOR HAVING NO. SC. 02/2021/KOLLAM DATED 07/07/2021 RECEIVED UNDER RIGHT TO INFORMATION ACT.
Exhibit P13 A TRUE COPY OF THE COMMUNICATION HAVING NO.
KBC 03/2017-18 DATED 29/06/2020. Exhibit P14 A TRUE COPY OF THE LETTER ADDRESSING THE PRINCIPAL AGRICULTURE OFFICER DATED 11/06/2020.
Exhibit P15 A TRUE COPY OF THE COMPLAINT DATED 14/07/2020 (WITHOUT ENCLOSURES). Exhibit P16 A TRUE COPY OF THE SAID COMMUNICATION HAVING NO. TB(2) 5368/20 DATED 30/07/2020. Exhibit P17 A TRUE COPY OF THE RELEVANT PAGES OF NOTE WP(C) Nos.13211 & 20383 OF 2022 12 FILES FROM THE 4TH RESPONDENTS OFFICE PERTAINS TO THE PROPERTY OF THE PETITIONERS RECEIVED UNDER RIGHT TO INFORMATION ACT HAVING PAGE NO.9 TO 11.
RESPONDENT'S NIL EXHIBITS WP(C) Nos.13211 & 20383 OF 2022 13 APPENDIX OF WP(C) 20383/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO3039/2011 DATED 07.09.2011 WHEREBY THE 1ST PETITIONER OBTAINED THE PROPERTY Exhibit P2 TRUE COPY OF THE SETTLEMENT DEED NO3040/2011 DATED 07.09.2011 WHEREBY THE 2ND PETITIONER OBTAINED THE PROPERTY Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE NOTIFICATION BY THE CHAVARA GRAMA PANCHAYAT DATED 22.03.2012 WHEREBY THE DATA BANK IS PUBLISHED IN KERALA GAZETTE EXTRA ORDINARY IN VOLUME 57 NO. 595/02/GP-49 DATED 24.03.2012 Exhibit P4 TRUE COPY OF THE STOP MEMO HAVING NUMBER 234/19-(2) DATED 18.06.2019 BY THE VILLAGE OFFICER CHAVARA ISSUED TO THE 1ST PETITIONER Exhibit P4A TRUE COPY OF THE STOP MEMO HAVING NUMBER 234/19(1) DATED 18.06.2019 BY THE VILLAGE OFFICER CHAVARA ISSUED TO THE 2ND PETITIONER Exhibit P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE VILLAGE OFFICER TO 4TH AND 6TH RESPONDENTS HAVING NO.234/19-(3) DATED 18.06.2019 Exhibit P6 TRUE COPY OF THE MINUTES OF THE LLMC MET ON 24.07.2019 RECEIVED UNDER RIGHT TO INFORMATION ACT WP(C) Nos.13211 & 20383 OF 2022 14 Exhibit P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT RDO TO THE AGRICULTURAL OFFICER NO. K-152078/19 DATED 01.01.2020 Exhibit P8 TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 08.06.2020 Exhibit P8A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED 08.06.2020 Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 07.04.2022 IN WP(C) 13211 OF 2022 Exhibit P10 TRUE COPY OF THE REPORT OBTAINED FROM 7TH RESPONDENT KSREC AS PER LETTER NO. A- 172/2015/KSREC/003442/22 DATED 09.03.2022 Exhibit P11 TRUE COPY OF THE PROCEEDINGS ISSUED BY 3RD RESPONDENT RDO TO THE 1ST PETITIONER HAVING NO. A-242188/20 DATED 01.06.2022 Exhibit P11A TRUE COPY OF THE PROCEEDINGS ISSUED BY 3RD RESPONDENT RDO TO THE 2ND PETITIONER HAVING NO. A-242187/20 DATED 01.06.2022 Exhibit P12 TRUE COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT COLLECTOR TO THE PETITIONERS U/S SEC. 13 OF KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT 2008 DATED 06.03.2020 HAVING FILE NO. DCKLM/3191/2020-L10 Exhibit P13 TRUE COPY OF THE ARGUMENT NOTE OF PETITIONERS DATED 18.03.2020