Kerala High Court
Sunanda vs The District Collector on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 39583 OF 2018
PETITIONERS:
1 SUNANDA,
AGED 71 YEARS
W/O
BALAKRISHNAN,AISWARYA,AZHCHAVATTOM,MANKAVU,KOZHIKODE
DISTRICT.
2 CHITHRA,
AGED 1 YEARS
D/O
BALAKRISHNAN,AISWARYA,AZHCHAVATTOM,MANKAVU,KOZHIKODE
DISTRICT.
BY ADV BABU S. NAIR
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
KOZHIKODE,PIN 673 001.
2 THE ADDITIONAL TAHSILDAR,
TALUK OFFICE,KOZHIKODE,PIN 673 001.
3 THE VILLAGE OFFICER,
PANTHEERANKAVU VILLAGE,KOZHIKODE DISTRICT,PIN 673 019
4 THE LOCAL LEVEL MONITORING COMMITTEE,
OLAVANNA,REPRESENTED BY ITS CONVENER,THE AGRICULTURAL
OFFICER,KRISHI BHAVAN,OLAVANNA,GURUVAYOORAPPAN COLLEGE
P.O.KOZHIKODE DISTRICT,PIN 673 014.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39583 OF 2018
2
P.V. KUNHIKRISHNAN, J.
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W.P.(C).No.39583 of 2018
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Dated this the 28th day of June, 2024
JUDGMENT
The above Writ Petition is filed with following prayers:
(i) " Call for the entire records leading up to Exts.P6 and P11 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;
ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 1st respondent to consider Ext.P7 and pass orders on the same forthwith, after keeping Ext.P6 order in abeyance;
iii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 4th respondent to delete the entries in the data bank in respect of the WP(C) NO. 39583 OF 2018 3 properties of the petitioners;
iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."
[SIC]
2. When this Writ Petition came up for consideration on 11.12.2018 this Court passed the following order:
"Admit GP takes notice for respondents and seeks time to file counter affidavit.
Post after a month.
In the meanwhile, petitioner is given the liberty to prefer revision against Ext.P6 order passed by the District Collector under section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within three weeks from the date of receipt of a copy of this order. Coercive action pertaining to the same shall be kept in abeyance for a period of one month to enable the petitioner to file revision. There will be a further direction to the WP(C) NO. 39583 OF 2018 4 petitioner to maintain Status quo with respect to the property mentioned in Ext.P6."
3. In the light of the same, it is submitted that a revision is filed against Ext.P6 order. If that is the case, the petitioner has to pursue that remedy in accordance with law.
4. Now, the petitioner challenged Ext.P11 order. Ext.P11 is an order passed in an application filed as per Rule 4(6) of the the Kerala Conservation of Paddy Land and Wetland Rules. The Government Pleader produced a report of the Agricultural Officer with a memo. It will be better to extract the LLMC's conclusion.
"6. LLMC's conclusion The LLMC inspected the property of R.S.No. 17/2 of Pantheerankavu Village, Kailamadam Desom on 17/09/2018. The said property has coconut palms having approximate age of above WP(C) NO. 39583 OF 2018 5 25 years. However the property is part of vast Wetland lying between Mampuzha river and terrestrial land inundated with water through the channels connecting from Mampuzha river. The land is also characterized by vegetation peculiar to wetland.
LLMC is of the opinion that the afore said property which showed the characters of wetland as described in the Conservation of Paddy and Wetland Act of 2008 was rightly included as Wetland in the data bank and warrants no correction.
In these circumstances, this report may kindly be accepted and the matter may be disposed of in accordance with law."
In the light of the same, I am of the considered opinion that the matter is to be reconsidered by the Authority concerned. Therefore, this Writ Petition is disposed of the following directions.
1. As far as the challenge against Ext.P6 is concerned, the petitioner is free to pursue the matter in accordance with law.
2. Ext.P11 is set aside. The 4th respondent is WP(C) NO. 39583 OF 2018 6 directed to reconsider the matter in the light of the report of LLMC after getting report from the KSREC.
Sd/-
P.V. KUNHIKRISHNAN JUDGE SSG WP(C) NO. 39583 OF 2018 7 APPENDIX OF WP(C) 39583/2018 PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 18.3.2017 EXHIBIT P2 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONERS AGAINST EXHIBIT P1 NOTICE TO THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 11.11.2015 EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 11.6.2018 EXHIBIT P5 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 3.2.2018 TO THE FIRST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 7.5.2018 AS NO L4/7465/2017 EXHIBIT P7 TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.5.2018 EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 1ST RESPONDENT DATED 21.5.2018 EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 18.8.2017 EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO 22064/2018 DATED 10.7.2018 EXHIBIT P11 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 27.10.2018