WP(C) NO. 16580 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 16580 OF 2022
PETITIONER/S:
G.JAYAKUMAR,
AGED 67 YEARS
S/O. D.K.GOVINDA KARTHA, PRASANTHA NILAYAM,
PALLIPPURAM POST, CHERTHALA, ALAPPUZHA DISTRICT - 688
541.
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIATE, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695 001.
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA -
688 001.
ADDL.R3 THE DISTRICT COLLECTOR,
COLLECTORATE, ALAPPUZHA
(IS SUO MOTU IMPLEADED AS ADDL.R3 IN THIS WRIT
PETITION AS PER ORDER DATED 6.7.2022)
OTHER PRESENT:
SR. GP SMT. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16580 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.16580 of 2022
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Dated this the 6th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to ext.P20 order and to quash the same.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to make necessary mutation in respect of the plot held by the petitioner in Pallippuram Village by correcting the classification of land as garden land as sought for by the petitioner vide Ext.P7 application.
(iii) To grant such other and further reliefs this Hon'ble Court may deems fit and proper in the interest of justice." [SIC]
2. The main challenge is against Ext.P20 order passed by the 2nd respondent. Ext.P20 order is passed under Sec.27A of the the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short "the Act, 2008"). Admittedly, it is an WP(C) NO. 16580 OF 2022 3 appealable order under Sec.27(B) of the Act before the District Collector, Alappuzha.
3. Therefore, this writ petition can be disposed of allowing the petitioner to file an appeal against Ext.P20 and directing the additional 3rd respondent to consider the appeal.
Since the writ petition is pending before this Court, the additional 3rd respondent will consider the appeal in accordance to law, even if there is any delay in filing the appeal as per the statute.
Therefore, this writ petition is disposed of with the following directions:
1) The petitioner is free to challenge Ext.P20 before the additional 3rd respondent by filing an appeal within three weeks from the date of receipt of a copy of this judgment.
2) Once such an appeal is received, the additional 3rd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of the appeal. WP(C) NO. 16580 OF 2022 4
3) The petitioner is free to adduce additional evidence and the appellate authority will consider the additional evidence, if any produced by the petitioner including the opinion of any experts produced at the time of hearing.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 16580 OF 2022 5 APPENDIX OF WP(C) 16580/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSIGNMENT DEED DATED 12.11.1973 BEARING NO.2906/1973 OF SUB REGISTRAR OFFICE, PANAVALLY EXECUTED BY GEORGE JOSEPH.
Exhibit P2 TRUE COPY OF THE ASSIGNMENT DEED NO.2763/1963 OF S.R.O. PANAVALLY.
Exhibit P3 TRUE COPY OF THE ASSIGNMENT DEED NO.
1250/1958 DATED 29.03.1958.
Exhibit P4 TRUE COPY OF THE INFORMATION DATED 20.07.2019 OBTAINED BY THE PETITIONER UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT.
Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 18.05.2011 ISSUED BY THE VILLAGE OFFICER, PALLIPPURAM.
Exhibit P5 A TRUE COPY OF THE ORDER NO. J-
3748/2020/D.DIS. DATED 15.12.2020 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 03.12.2020 IN WP(C) NO.32032/2019 OF THIS HONOURABLE COURT.
Exhibit P7 TRUE COPY OF THE APPLICATION DATED 19.05.2020 SUBMITTED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE AFFIDAVIT DATED 24.03.2020 SWORN BY SRI.APPU AGED 75 YEARS.
WP(C) NO. 16580 OF 2022 6Exhibit P9 TRUE COPY OF THE AFFIDAVIT DATED 24.03.2020 SWORN BY SRI.KARUNAKARAN AGED 77 YEARS.
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 18.12.2020 IN WP(C) NO.28162/2020.
Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED 07.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P12 TRUE COPY OF THE INCOMPLETE COMMUNICATION NO SERIAL NUMBER DATED 21.01.2021 ISSUED BY THE VILLAGE OFFICER, PALLIPPURAM TO THE PETITIONER.
Exhibit P13 TRUE COPY OF THE INTIMATION DATED 30.09.2021 ISSUED BY THE 2ND RESPONDENT TO THE VILLAGE OFFICER, PALLIPPURAM.
Exhibit P14 TRUE COPY OF THE LAWYER NOTICE DATED 10.11.2021 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P15 TRUE COPY OF THE HEARING NOTICE DATED 17.11.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
Exhibit P16 TRUE COPY OF THE COMMUNICATION DATED 16.12.2021 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE TAHSILDAR, CHERTHALA.
Exhibit P17 TRUE COPY OF THE COMMUNICATION DATED 16.12.2021 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE DIRECTOR, PLANNING & FINANCE DEPARTMENT ATTACHED TO STATE ENVIRONMENT CENTRE.
Exhibit P18 TRUE COPY OF THE COMMUNICATION DATED 27.12.2021 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE TAHSILDAR, CHERTHALA.
Exhibit P19 TRUE COPY OF THE NOTICE DATED 04.02.2022 ISSUED FROM THE OFFICE OF 2ND RESPONDENT.
WP(C) NO. 16580 OF 2022 7Exhibit P20 TRUE COPY OF THE ORDER NO.D.DIS.
J1.2736/2021(1) DATED 08.03.2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit P21 THE PHOTOGRAPHS MADE AVAILABLE BY THE PETITIONER.