Lalithamma Sukumaran vs The Revenue Divisional Officer

Kerala High Court

Lalithamma Sukumaran vs The Revenue Divisional Officer on 21 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
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO. 17063 OF 2017
PETITIONER:

         LALITHAMMA SUKUMARAN
         KARIPPAKUZHY HOUSE, THIRUMOOLAPURAM PO, THIRUVALLA,
         PATHANAMTHITTA DISTRICT.
         BY ADVS.
         DR.K.P.SATHEESAN (SR.)
         SRI.S.K.ADHITHYAN
         SRI.P.MOHANDAS ERNAKULAM
         SRI.K.SUDHINKUMAR
         SRI.S.VIBHEESHANAN


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          THIRUVALLA, PATHANAMTHITTA 689 101.
    2     THE VILLAGE OFFICER
          KAVUMBHAGAM VILLAGE, THIRUVALLA,
          PATHANAMTHITTA 689 102.
    3     PERINGARA GRAMA PANCHAYAT
          REP. BY ITS SECRETARY, PERINGARA, THIRUVALLA,
          PATHANAMTHITTA 689 108.
          BY ADV GOVERNMENT PLEADER
          SRI.RIYAL DEVASSY, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.17063/2017
                               ..2..


                P.V.KUNHIKRISHNAN, JUDGE
            =========================
                 W.P(C) No.17063 of 2017
           ==========================
            Dated this the 21st day of May, 2024

                          JUDGMENT

The above writ petition is filed with following prayers:

"i) to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext.

P6 order No. C2-518/17/K Dis. dated 2-3-2017 issued by the first respondent as it is arbitrary and illegal;

ii) to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext. P7 order No. C2-1138/17 dated 21-04-2017 issued by the first respondent as it violates all principles of natural justice;

iii)to issue a Writ of Mandamus or order or direction to the first respondent to allow the petitioner to raise the level of her property to that of M.C. road by using rock powder or other materials;

iv) to issue a Writ of Mandamus or order or direction to the first respondent not to disturb the repairs made in the latrine by filling seven loads of rock power;

v) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case."(sic)

2. The petitioner is the owner of 51.15 Ares of landed property in resurvey no.215/1 in block no.7 of WP(C)No.17063/2017 ..3..

Kovumbhagom Village in Thiruvalla Taluk in Pathanamthitta district. It is submitted that there are three residential houses in the property and all the houses are occupied by different families. It is submitted that the petitioner has been remitting the tax for this building for years together. While so, the MC Road facing the petitioner's property, at the time of renovation, raised to a height of 10 ft. from the ground level is the submission. As a natural consequence, the waste water started flowing from the road to downwards and getting collected in the petitioner's property, including the houses, is the grievance of the petitioner. Thereupon the petitioner made a request to the 1 st respondent to allow him to raise the property by filling rock powder to that level of the MC Road. The said request is rejected, stating untenable reasons is the submission.

3. Now due to the collection of water, the latrine of one of the buildings is damaged developing large holes making the latrine unusable. It is also submitted that, the WP(C)No.17063/2017 ..4..

petitioner repaired the latrine by putting rock powder to fill the holes. 1st respondent subsequently passed an order directing the petitioner to remove the rock powder. Ext.P6 is an order rejecting the application of the petitioner to fill the land. Ext.P7 is an order passed by the authority concerned to remove the filled portion within five days. Aggrieved by Exts.P6 and P7, this petition is filed.

4. Heard the learned counsel for the petitioner and the learned Government Pleader.

5. The learned counsel for the petitioner submitted that, the Revenue Divisional Officer has no authority to pass Exts.P6 and P7 order. The learned counsel submitted that, admittedly, it is a 'Purayidam'. Ext.P1 is the Possession Certificate, in which it is stated that it is a 'Purayidam'. Moreover, even in Exts.P6 and P7, it is clearly stated that the property is a 'Purayidam'. Hence, it is submitted that Kerala Conservation of Paddy Land and Wet Land Act, 2008, is not applicable. WP(C)No.17063/2017

..5..

6. I find some force in the above argument of the learned counsel. If there is any unauthorised filling, the competent statutory authorities can proceed, but it cannot be under the provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008. Therefore, Exts.P6 and P7 can be quashed, but I make it clear that the competent authority is free to proceed in accordance with law if there is any violation of any statutory provisions.

Therefore, this writ petition is disposed of with the following directions:

i. Exts.P6 and P7 are set aside.

ii. I make it clear that, the statutory authorities are free to proceed in accordance to law with notice to the petitioner, if there is any violation of any statutory provisions.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR WP(C)No.17063/2017 ..6..

APPENDIX OF WP(C) 17063/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 29.5.2007 EXHIBIT P2 TRUE COPY OF THE LAST TAX RECEIPT DATED 4.4.2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE PHOTOGRAPHS SHOWING THE EXISTENCE OF THE BUILDING EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 3RD RESPONDENT FOR THE YEAR 2015-16 IN RESPECT OF BUILDING NO. 6/419, 6/421 AND 6/420 EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 3RD RESPONDENT FOR THE YEAR 2016-17 IN RESPECT OF BUILDING 6/419, 6/421 AND 6/420 EXHIBIT P6 TRUE COPY OF THE ORDER NO. C2-518/17/K DIS DATED 2.3.2017 ISSUED BY THE FIRST RESPONDENT EXHIBIT P7 TRUE COPY OF THE ORDER NO. C2-1138/17 DATED 21.4.2017 ISSUED BY THE FIRST RESPONDENT