Neelakandan Adigal vs The District Collector

Kerala High Court

Neelakandan Adigal vs The District Collector on 20 May, 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
        MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                       WP(C) NO. 28693 OF 2020
PETITIONERS:

    1       NEELAKANDAN ADIGAL
            AGED 67 YEARS
            S/O. LATE NANGAYYA ADISYAR, THALI DESAM, THICHUR
            VILLEGE, TALAPPILLY TALUK, THRISSUR DISTRICT,
            SECRETARY, SREE VEERASTHANAM VIRUTTANAM BHAGHAVATHI
            KSHETHRAM TRUST, VIRUTTANAM, VIRUTTANAM DESAM, THALI,
            THICHUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT.

    2       SREE VEERASTHANAM VIRUTTANAM BHAGHAVATHI KSHETHRAM
            TRUST
            VIRUTTANAM, VIRUTTANAM DESAM, THALI, THICHUR VILLEGE,
            TALAPPILLY TALUK, THRISSUR DISTRICT, REPRESENTED BY ITS
            SECRETARY NEELAKANDAN ADIGAL.

            BY ADVS.
            M.ANIL KUMAR
            SMT.PREETHI K.PURUSHOTHAMAN



RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            COLLECTRATE, CIVIL STATION, AYYANTHOLE, THRISSUR - 680
            003.

    2       TAHSILDAR
            TALAPPILLY TALUK OFFICE, WADAKKANCHERY P. O., THRISSUR
            DISTRICT - 680 582.

    3       THE VILLAGE OFFICER
            ARANGOTUUKARA - THICHUR GROUP VILLAGE OFFICE, THICHUR,
            WADAKKANCHERY - 680 582.

    4       THE LOCAL LEVEL MONITORING COMMITTEE
            REPRESENTED BY ITS CONVENOR / AGRICULTURAL OFFICER,
            KRISHI BHAVAN, VARAVUR, VARAVUR P. O., THRISSUR
            DISTRICT - 680 585.

    5       GOPALAKRISHNAN
            AGED 56 YEARS
 W.P (C) No.28693 of 2020


                                    2

             S/O. PADMAVATHY AMMA, KANJULLY PUTHAN VEETTILHOUSE,
             THIRUMITTACOD VILLAGE, P. O. PERINGANNUR, VIA
             PERINGOD, PATTAMBI, PALAKKAD DISTRICT - 679 535.

     6       SHOBHA
             AGED 51 YEARS
             W/O. K. P. GOPALAKRISHNAN, KANJULLY PUTHAN VEETTIL,
             PERINGANNUR P. O., PALAKKAD DISTRICT - 679 535.

     7       REVENUE DIVISIONAL OFFICE
             CIVIL STATION, AYYANTHOLE, THRISSUR - 680003.

             BY ADV SRI.RAJIT



OTHER PRESENT:

             SRI.RIYAL DEVASSY, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.05.2024,   THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P (C) No.28693 of 2020


                                     3

                  P.V.KUNHIKRISHNAN,J.
               ---------------------
                  W.P (C) No.28693 of 2020
            ---------------------------
              Dated this the 20th day of May, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ order or direction calling for back records and to set aside the P1 order passed by the first respondent dated 28.12.2018 in B6 12627/18.

ii) Issue a writ of mandamus or any other appropriate writ order or direction to the respondents 1-4 and 7 from proceeding against the petitioners by virtue of the illegal order drawn without adhering the principle of natural justice and without the compliance of the Act.

iii) Grant such other relief with may deem fit to this Hon'ble Court." [SIC]

2. The petitioners are challenging an order passed under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Admittedly, the petitioners have got a remedy against the impugned order under Section 28 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Hence, I am not inclined to entertain this writ petition. The petitioners are free to file an appropriate revision before the Government and if such a revision is filed, the Government will consider the same, in accordance with law, with notice to the W.P (C) No.28693 of 2020 4 petitioners and respondents 5 and 6.

With the above observations, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.28693 of 2020 5 APPENDIX OF WP(C) 28693/2020 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 28.12.18.

EXHIBIT P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SEC.13 OF THE KERALA PADDYLAND AND WETLAND ACT DATED 19.06.2018.

EXHIBIT P3 THE TRUE COPY OF THE OBJECTION DATED 16.07.2018 SUBMITTED BY THE SMT. NANGELI ADISYAR.

EXHIBIT P4 THE TRUE COPY OF THE PETITION NO.145792/19 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED ON 25.03.2019. EXHIBIT P5 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 25.03.2019.

EXHIBIT P6 THE TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 28.01.2020. EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 15.01.2020 IN W.P.(C) NO.33941/19(P). EXHIBIT P8 THE TRUE COPY OF THE TITLE DEED NO.1193/1/2017 OF THE 2ND PETITIONER TRUST DATED 02.08.2017.

EXHIBIT P9 THE TRUE COPY OF THE TITLE DEED NO.1153/1/2002 OF THE 6TH RESPONDENT DATED 26.08.2002.

EXHIBIT P10 THE TRUE COPY OF THE RELEVANT PAGE OF DEED NO.467/1964 OF SRO ERUMAPPETTY. EXHIBIT P11 THE TRUE COPY OF THE REPORT NO.78/2018 DATED 04.07.2018 BY THE VILLAGE OFFICER, W.P (C) No.28693 of 2020 6 ARANGOTTUKKARA.

EXHIBIT P12 THE TRUE COPY OF THE NOTICE NO.C1-473/19 ISSUED BY THE 2ND RESPONDENT DATED 20.02.2019.

RESPONDENT EXHIBITS EXHIBIT R5(A) A TRUE COPY OF THE PHOTOGRAPHS TAKEN FROM THE SITE EXHIBIT R5(B) A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 33941/2019 DATED 15.01.2020