Kerala High Court
Thomas Mahadevan vs The District Collector, Kollam on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 26930 OF 2018 1
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. 26930 OF 2018
PETITIONER/S:
THOMAS MAHADEVAN
AGED 64 YEARS
S/O. GEORGE, AGED 64 YEARS, KALKKIPURAM ASHRAMAM,
INJAKKADU MYLAM P.O., KALAYAPURAM VILLAGE,
KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADVS.
D.SAJEEV (KAMBISSARI)
SHIBU BABU(K/492/2023)
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, KOLLAM
KOLLAM, KOLLAM DISTRICT- 676505.
2 THE VILLAGE OFFICER
KALAYAPURAM VILLAGE, MYLAM, KOLLAM DISTRICT-
676505.
3 THE REVENUE DIVISIONAL OFFICER
PERINTHALMANNA, KOLLAM DISTRICT- 676505.
4 THE AGRICULTURAL OFFICER
MYLAM, KOLLAM DISTRICT-676505.
5 SUDHEESH KUMAR
S/O. VASUDEVAN NAIR, ASHA VIHAR, KANNAMBA DESOM,
VARKKALA VILLAGE, CHIRAYINKEEZHU- 676505.
WP(C) NO. 26930 OF 2018 2
BY ADVS.
SRI.N.P.PRADEEP
SRI.M.AJITH (KARICODE)
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 26930 OF 2018 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 26930 of 2018
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Dated this the 28th day of June, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"1. "Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents one to four to take steps against illegal reclamation of paddy land carried out by the fifth respondent within a reasonable period which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case.
2. Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to enforce his order dated 29.01.16 in L10-18687/15 and thereby take steps to restore the property of fifth respondent to its original position.
3. Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to convey the decision taken by him regarding illegal reclamation made by the fifth respondent.
4. Issue such other writ or orders or directions, which WP(C) NO. 26930 OF 2018 4 this Honourable court may deem fit and proper in the interest of justice and circumstances of the case." [sic]
2. This writ petition is pending before this Court from 2018 onwards. The main prayer in this writ petition is to issue direction to respondent Nos. 1 to 4 to take steps against the alleged illegal reclamation of the paddy land carried out by the 5th respondent. This writ petition is pending before this Court from 2018 onwards. If there is any surviving grievance to the petitioner, the petitioner is free to approach the competent authority with fresh representation and if such a representation is received, the competent authority will do the needful, in accordance with law with notice to the petitioner and the 5th respondent.
With the above observation, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 26930 OF 2018 5 APPENDIX OF WP(C) 26930/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO: M/10080/12 WITHOUT DATE WHICH IS DISPATCHED ON 08.11.2012 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 7/4/2016 IN W.P.(C) NO:14209 OF 2016. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 28.06.2016 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT, 2005 PREFRRED BY THE PETITIONER DATED 17.05.2017. EXHIBIT P5 TRUE COPY OF THE REPLY DATED 14.06.2017 GIVEN UNDER RIGHT TO INFORMATION ACT, 2005.
EXHIBIT P6 TRUE COPY OF THE APPLICATION UNDER
RIGHT TO INFORMATION ACT, 2005
PREFERRED BY THE PETITIONER DATED
28.02.2018.
RESPONDENT EXHIBITS
EXHIBIT R5(A): TRUE COPY OF THE DECREE IN O.S.665/2012
OF THE MUNSIFF COURT, KOTTARAKKARA. EXHIBIT R5(B): TRUE COPY OF THE REPORT OF THE LOCAL LEVEL MONITORING COMMITTEE DATED 03/05/2016.
EXHIBIT R5(C): TRUE COPY OF THE REPORT OF AGRICULTURAL OFFICER, MUYLOM TO THE RDO, KOLLAM. WP(C) NO. 26930 OF 2018 6