IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 26701 OF 2020
PETITIONER:
ABDUL AZEEZ,
AGED 42 YEARS,
S/O ATHRUMAN, MAVILERIPARAPARAMMEL
HOUSE, PARANNOOR, KOZHIKODE DISTRICT, PIN-673585.
BY ADVS.
P.MOHAMED SABAH
SMT.SAIPOOJA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTS BY SECRETARY REVENUE DEPARTMENT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
KOZHIKODE, CIVIL STATION,
KOZHIKODE-673020.
3 NARIKKUNNI GRAMA PANCHAYATH,
NARIKKUNNI.P.O, KOZHIKODE,
PIN-673585, REPRESENTED BY ITS SECRETARY.
4 THE SECRETARY,
NARIKKUNNI GRAMA PANCHAYATH, NARIKKUNNI.P.O,
KOZHIKODE, PIN-673585.
5 LOCAL LEVEL MONITORING COMMITTEE,
NARIKKUNNI GRAMA PANCHAYAT,
REPRESENTED BY ITS CONVENOR AGRICULTURAL OFFICER,
NARIKKUNNI, PIN-673585.
6 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTER(KSREC),
THIRUVANANTHAPURAM-695001.
W.P.(C) NO.26701 OF 2020 2
* ADDL.R7 IMPLEADED:
ADDL.R7 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE.
* ADDITIONAL 7TH RESPONDENT IS SUO MOTU IMPLEADED AS
PER JUDGMENT DATED 17.06.2022 IN W.P.(C)NO.26701 OF
2020.
BY ADVS.
VINOD SINGH CHERIYAN
T.M.KHALID
K.P.SUSMITHA
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) NO.26701 OF 2020 3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.26701 of 2020
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Dated this the 17th day of June, 2022
JUDGMENT
The above writ petition is filed seeking the following prayers:
"(i) Issue a writ of certiorari and call for the records leading to the preparation of exhibit P5 report and quash the same as illegal.
(ii) Issue a writ of mandamus or any other appropriate writ directing the respondent No.5 to remove the property of the petitioner from the data bank.
(iii) Issue a writ of mandamus or any other appropriate writ directing the respondent No.4 to renew the tenure of exhibit P2 building permit.
(iv) Issue a writ of mandamus or any other appropriate writ directing the respondent No.6 to take satellite images of the property of the petitioner and submit before the respondent No.5."
2. The main prayer in this writ petition is to quash Ext.P5. Ext.P5 is a recommendation of the 5th respondent. The second prayer in this writ petition is for issuing a direction to the 5 th respondent to remove the property of the petitioner from the Data Bank. There are other connected reliefs also.
3. I have heard the learned counsel for the petitioner and the W.P.(C) NO.26701 OF 2020 4 learned Government Pleader.
4. A perusal of Ext.P5 would show that it is only a recommendation by the 5th respondent. The Revenue Divisional Officer, Kozhikode is suo motu impleaded as additional 7th respondent in this writ petition. The petitioner can approach the additional 7th respondent with a representation narrating all his grievance. The additional 7th respondent will consider all the aspects and take appropriate decision. The petitioner is free to produce additional documents, if any, also along with the representation so that the additional 7th respondent can pass appropriate orders. If any application is received by the additional 7th respondent to get a report from the 6th respondent, the additional 7th respondent shall get that report also from the 6 th respondent. Thereafter, the additional 7th respondent will pass appropriate orders in accordance with jurisdiction.
In the result, this writ petition is disposed of with the following directions:
i) The petitioner is free to file
representation before the additional 7th
respondent narrating his grievance raised in W.P.(C) NO.26701 OF 2020 5 this writ petition within three weeks from the date of receipt of a copy of this judgment.
ii) On such a representation is received, the additional 7th respondent will consider the same and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate within a period of three months from the date of receipt of such representation along with additional documents, if any.
iii) The additional 7th respondent will also call for a report from the 6th respondent, if such an application is filed by the petitioner.
iv) All the contentions raised by the petitioner in this writ petition are left open.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DSV/18.06.2022 W.P.(C) NO.26701 OF 2020 6 APPENDIX OF WP(C) 26701/2020 PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 30.09.2020 ISSUED BY VILLAGE OFFICE NARIKKUNNI.
EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 06.06.2014 ISSUED BY THE RESPONDENT NO.4 TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ACNOWLEDGEMENT DATED 06.07.2019 ISSUED FROM RESPONDENT NO.3 PANCHAYAT EVIDENCING THE RENEWAL APPLICATION SUBMITTED BY THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE AWARD DATED 26.07.2019 IN THE ADALATH CONDUCTED BY THE LOCAL SELF GOVERNMENT DEPARTMENT.
EXHIBIT P5 TRUE COPY OF THE REPORT DATED 04.03.2020 SUBMITTED BY THE CONVENOR OF THE RESPONDENT NO.5 BEFORE THE RESPONDENT NO.5.
RESPONDENTS' EXHIBITS :
EXHIBIT R5(a) A TRUE COPY OF THE DECISION OF THE LLMC DATED 14.06.2018.
ANNEXURE R5(B) A TRUE COPY OF THE REPORT OF THE AGRICULTURE OFFICER.
ANNEXURE R5(C) A TRUE COPY OF THE NOTIFICATION OF THE DRAFT DATA BANK.