WP(C) NO. 15448 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 15448 OF 2022
PETITIONER/S:
BABU ANTONY,
AGED 53 YEARS
NADAKKEPARAMBIL HOUSE, CHETTIKADU, PATHIRAPPILLY P.O,
ALAPPUZHA.
BY ADV PEEYUS A KOTTAM
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANATHAPURAM - 695 001.
2 DISTRICT COLLECTOR,
FIRST FLOOR, COLLECTORATE, ALAPPUZHA, PIN-688001.
3 REVENUE DIVISIONAL OFFICER,
DISTRICT CT WAY ROAD, KIDANGAMPARAMP, THATHAMPALLY,
ALAPPUZHA , PIN - 688013.
4 TAHSILDAR, AMBALAPUZHA,
SDV SCHOOL ROAD, KIDANGAMPARAMP, ALAPPUZHA ,PIN - 688013.
5 VILLAGE OFFICER, MAARARIKULAM SOUTH,
KALAVOOR, ALAPPUZHA, PIN - 688522.
6 MAARARIKULAM SOUTH GRAMAPANCHAYAT,
KALAVOOR, REPRESENTED BY ITS SECRETARY, ALAPUZHA , PIN-
688522.
BY ADV Azad Babu R
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15448 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 15448 of 2022
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Dated this the 8th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"a) Call for the records leading to Ext P11 and quash the same by issuing a writ of certiorari or any other appropriate writ or order or direction.
b) Grant such other reliefs which are just and necessary in the interest of justice." [SIC]
2. The petitioner, his wife and son are the owners in possession of 27 cents of property in Sy.No. 205/8-3, 205/8-1 and 205/8-2 of Kalavoor Village for which property tax is being paid as per Exts. P1, P2 and P3. Exts.P4 and P6 are the thandaper registers and Ext.P7 is the basic tax register. As per Ext.P10 development permit issued by the Mararikulam South Panchayat, the petitioner was carrying developmental activities in these properties. At this stage, the 5 th respondent issued Ext.P11 stop memo alleging that the construction is in WP(C) NO. 15448 OF 2022 3 violation of Kerala Conservation of Paddy Land and Wetland Act, 2008. According to the petitioner, in all the revenue records maintained by the revenue authorities, these properties are described as 'Purayidam'. According to the petitioner, at any stretch of imagination, the provisions of Kerala Land Utilisation Order, 1969 or Kerala Conservation of Paddy Land and Wetland Act, 2008 is not applicable to aforesaid properties since it is not a paddy land or wetland at any point of time. According to the petitioner, the 5 th respondent-Village Officer issued Ext.P11 arbitrarily. Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. The counsel for the petitioner reiterated his contentions and takes me through the exhibits produced along with the writ petition. The Government Pleader submitted that if there is any violation of the Act and Rules, the statutory authorities will do the needful.
5. I perused Exts.P1 to P3 which are the tax receipts. In all these documents, it is clearly stated that the property is WP(C) NO. 15448 OF 2022 4 'Purayidam'. I also perused Exts.P4 to P6, which are the thandaper registers. In that documents also, it is stated the nature of the property as 'Purayidam'. Ext.P8 is the title deed of the petitioner. The counsel for the petitioner also takes me through Ext.P10 development permit issued by the Mararikulam South Grama Panchayat. The counsel for the petitioner submitted that the Village Officer has no authority or source of power to issue an order like Ext.P1. I see some force in the argument of the petitioner. I perused all the documents produced by the petitioner in this writ petition. All the documents will show that the property is 'Purayidam'. Then, how Ext.P11 order is passed by the Village Officer. It is not clear about the source of power to issue Ext.P11 by the Village Officer. In such circumstances, according to me, Ext.P11 is unsustainable and that is to be set aside.
Therefore, this writ petition is allowed and Ext.P11 is set aside.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 15448 OF 2022 5 APPENDIX OF WP(C) 15448/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 10.02.2022 SHOWING PAYMENT OF PROPERTY TAX IN THE NAME OF THE PETITIONER FOR THE YEAR 2021-22.
Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED 10.02.2022 SHOWING PAYMENT OF PROPERTY TAX IN THE NAME OF THE PETITIONER AND HIS WIFE FOR THE YEAR 2021-22.
Exhibit P3 THE TRUE COPY OF THE TAX RECEIPT DATED 10.02.2022 SHOWING PAYMENT OF PROPERTY TAX IN THE NAME OF THE PETITIONER AND HIS WIFE FOR THE YEAR 2021-22.
Exhibit P4 THE THANDAPER REGISTER PERTAINING TO THIS PROPERTY IN THE NAME OF THE PETITIONER ISSUED BY THE VILLAGE OFFICER KALAVOOR. Exhibit P5 THE THANDAPER REGISTER PERTAINING TO THIS PROPERTY IN THE NAME OF THE PETITIONERS WIFE KOCHUTHRESYA ISSUED BY THE VILLAGE OFFICER KALAVOOR.
Exhibit P6 HE THANDAPER REGISTER PERTAINING TO THIS PROPERTY IN THE NAME OF THE PETITIONERS SON PRATHAP BABU ISSUED BY THE VILLAGE OFFICER KALAVOOR.
Exhibit P7 THE BASIC TAX REGISTER PERTAINING TO THIS PROPERTY ISSUED BY THE VILLAGE OFFICER KALAVOOR.
Exhibit P8 THE TRUE COPY OF THE SALE DEED NO.
2118/2000 OF MARARIKULAM SRO.
Exhibit P9 THE TRUE COPY OF THE SALE DEED NO.
334/2022 OF MARARIKULAM SRO.
Exhibit P10 THE TRUE COPY OF THE DEVELOPMENT PERMIT WP(C) NO. 15448 OF 2022 6 ALONG WITH DEVELOPMENT PLAN ISSUED BY THE MARARIKULAM SOUTH GRAMA PANCHAYAT, ALAPUZHA DATED 08.04.2022.
Exhibit P11 THE TRUE COPY OF THE STOP MEMO DATED 22.04.2020 ISSUED BY THE 5TH RESPONDENT VILLAGE OFFICER, KALAVOOR.