IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 574 OF 2022
PETITIONER:
C.A.SALEEM,
AGED 57 YEARS
S/O.AHAMED KOYA, "SAJITHA", 15/170, PARAPPIL,
P.O.KALLAI, KOZHIKODE DISTRICT-673 003.
BY ADVS.
K.M.FIROZ
M.SHAJNA
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE REVENUE DIVISIONAL OFFICER,
THE REVENUE DIVISIONAL OFFICE, KOZHIKODE-673 001.
3 THE VILLAGE OFFICER, THALAKKULATHUR VILLAGE,
KOZHIKODE-673 317.
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 574 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 574 of 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(I) To call for records leading to and pursuant to Exhibit P1 to P6 and set aside Exhibit P5 by issuing a Writ of Certiorari or any other appropriate Writ Order or direction.
(II) To grant such other relief as this Hon'ble Court may deem fit on the facts and in the circumstances of the case."[SIC]
2. The petitioner is aggrieved by Ext.P5 stop memo issued by the 3rd respondent directing the petitioner herein to stop the alleged conversion activities in his land and to remove the soil. According to the petitioner, the said property covered by Ext.P5 stop memo has been excluded and removed from the data bank as per Ext.P3 notification. Hence the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 can not be pressed into service and Ext.P5 is without jurisdiction. Moreover, it is WP(C) NO. 574 OF 2022 3 also submitted that Ext.P5 is a proceedings issued in violation of the principles of natural justice and it is passed without giving an opportunity of hearing to the petitioner.
3. Heard counsel appearing for the petitioner and the learned Government Pleader.
4. A perusal of Ext.P2 order will show that the property is already converted and permission is granted to construct a building in 5 cents. As per Serial No.93 in Ext.P3, the property is excluded from the data bank because the same is wrongly included in it. Ext.P4 is the building permit issued to the petitioner. In such circumstances, Ext.P5 has no legal sanctity. Moreover, Ext.P5 is an order passed without giving an opportunity of hearing to the petitioner. In such circumstances, Ext.P5 can be set aside.
Therefore this writ petition is allowed in the following manner:
i. Ext.P5 is set aside.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 574 OF 2022 4 APPENDIX OF WP(C) 574/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1366/2013 DATED 31.05.2013 OF SRO WESTHILL. EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE RDO KOZHIKODE TO THE PANCHAAYTH SECRETARY DATED 10.09.2008 NUMBERED C 6688/07.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF
THE KERALA GAZETTE NOTIFICATION
NUMBERED AS A 3-4166/19 DATED
11.03.2020.
EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT ISSUED
BY THE RESPONDENT IN THE NAME OF THE PETITIONER AND SAJITHA DTED 30.11.2015. EXHIBIT P5 TRUE COPY OF THE STOP MEMO NOTICE ISSUED BY THE 3RD RESPONDENT NUMBERED AS 1/2022/VO DATED 29.12.2021. EXHIBIT P6 TRUE COPY OF THE SPECIFICATION AND REPORT OF THE PROPOSED BUILDING OF THE PETITIONER.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE