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. 17022 OF 2022
PETITIONER:
SOMASEKHARAN NAIR,
AGED 82 YEARS
S/O RAGHAVAN NAIR, THUSHARAM HOUSE, PADUVA P.O.,
MATTAKKARA, AKALAKUNNAM VILLAGE, KOTTAYAM-686564
BY ADV A.K.HARIDAS
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANATHAPURAM-695001
2 REVENUE DIVISIONAL OFFICER,
KOTTAYAM REVENUE DIVISION, CIVIL STATION,
KOTTAYAM- 686001
3 LOCAL LEVEL MONITORING COMMITTEE
REP. BY IT'S CONVENER, AGRICULTURAL OFFICER,
AKALAKUNNAM, KOTTAYAM- 686503
OTHER PRESENT:
SRI.ASHWIN SETHUMADHAVAN, SR.GP
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.17022/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.17022 of 2022
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Dated this the 17th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers: i. To issue a writ of Certiorari or any other appropriate writ, order quashing Ext.P11 order. ii. To allow the Ext.P4 and Ext.P5 applications of the petitioner.
iii. To grant such other and further reliefs as this Hon'ble court may deem fit and proper in the facts and circumstances of the case.
(SIC)
2. The main grievance of the petitioner is that Ext.P11 order is passed without giving an opportunity of hearing to the petitioner.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. This Court perused Ext.P11 order. There is nothing to show that Ext.P11 is passed after giving an opportunity of W.P.(C).No.17022/2022 3 personal hearing to the petitioner. The learned counsel for the petitioner relied on Exts.P3 and P8. The learned counsel for the petitioner takes me through serial No.93 in Ext.P3 and also the finding of the Village Officer in Ext.P8 and contended that the conversion of the land was before the year 2008. I do not want to make any observation about the same. This is a matter to be considered by the 2 nd respondent. Without expressing any opinion on merit, I think Ext.P11 can be set aside for the simple reason that, it is an order passed without hearing the petitioner. I make it clear that I have not considered the matter on merit and the 2 nd respondent is free to pass appropriate orders. I am setting aside Ext.P11 only for the reason that there is a definite case to the petitioner that it is an order passed without hearing him.
Therefore, this writ petition is allowed in the following manner:
1. Ext.P11 is set aside.
2. The 2nd respondent is directed to reconsider the matter after giving an opportunity of hearing to the petitioner, as expeditiously as W.P.(C).No.17022/2022 4 possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
3. The petitioner is free to adduce additional evidence and produce additional documents, if any, before the 2nd respondent.
4. I make it clear that I have not considered the matter on merit and the 2nd respondent is free to pass appropriate orders in accordance to law.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.17022/2022
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APPENDIX OF WP(C) 17022/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT
DATED 21.6.2021
Exhibit P2 A TRUE COPY OF THE SWORN STATEMENT BY
THE NEIGHBOR
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGE OF
THE DATA BANK DATED 26.2.2011
Exhibit P4 A TRUE COPY OF THE APPLICATION IN FORM
NO. 5 DATED 22.9.2020
Exhibit P5 A TRUE COPY OF THE APPLICATION IN FORM
NO. 6 DATED 22.9.2020
Exhibit P6 A TRUE COPY OF THE MINUTES OF LLMC
DATED 25.9.2021
Exhibit P7 A TRUE COPY OF THE REPORT OF KERALA
STATE REMOTE SENSING AND ENVIRONMENT CENTRE (KSREC) Exhibit P8 A TRUE COPY OF THE REPORT OF THE AKALAKUNNAM VILLAGE OFFICER DATED 01.01.2020 Exhibit P9 THE TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER, AKLAKUNNAM DATED 19.1.2021 AND 20.1.2021 Exhibit P10 THE TRUE COPY OF THE TWO REPORTS OF THE AGRICULTURAL OFFICER, AKLAKUNNAM DATED 20.1.2021 Exhibit P11 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 27.4.2022