Yohanan K.K vs District Collector

Kerala High Court

Yohanan K.K vs District Collector 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. 10073 OF 2017
PETITIONER:
    1     YOHANAN K.K
          AGED 62 YEARS
          S/O.KUNJUVAREED, 62 YEARS, KALLIVALAPPIL HOUSE,
          MURIYAD P.O., PAREKKATTUKARA DESOM, THRISSUR
          DISTRICT-680681.
    2     JOSE T.Y.
          S/O.YAKOB, 65 YEARS, THEKKUMPURAM HOUSE, MURIYAD
          P.O., THRISSUR DT-680681.
          BY ADVS.
          SRI.SHOBY K.FRANCIS
          SMT.AGI SHOBY


RESPONDENTS:
    1     DISTRICT COLLECTOR
          COLLECTORATE, THRISSUR-680003.
    2     PRINCIPAL AGRICULTURAL OFFICER
          OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICE,
          THRISSUR-680003.
    3     LOCAL LEVEL MONITORING COMMITTEE LLMC OF MYRIAD
          GRAMA PANCHAYATH
          REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
          MURIYAD KRISHI BHAVAN, MURIYAD P.O., THRISSUR
          DT.680681.
    4     AGRICULTURAL OFFICERCONVENER
          LLMC OF MURIYAD GRAMA PANCHAYATH, MURIYAD KRISHI
          BHAVAN, MURIYAD P.O., THRISSUR DT.680681.
    5     VILLAGE OFFICER
          MURIYAD VILLAGE, MURIYAD P.O., THRISSUR DT.-680681.
    6     THE CATHOLIC SYRIAN BANK LTD.
          REPRESENTED BY ITS AUTHORISED OFFICER, ZONAL
          OFFICE, THRISSUR-680001.
    7     PAUL K.O.
          (PROPRIETOR, M/S. PRIYA OFFSET PRINTERS,
          MANNAMTHARA BUILDING, KOORKKANCHERY P.O.,
          THRISSUR), S/O.OUSEPH, KARIPPAYI HOUSE, KUTTIKKAD
          P.O., PARIYARAM VILLAGE, THRISSUR DT-680724.
 WP(C)No.10073/2017
                              ..2..


           BY ADV R.S. KALKURA
           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.10073/2017
                              ..3..


                 P.V.KUNHIKRISHNAN, JUDGE
            =========================
                 W.P(C) No.10073 of 2017
           ==========================
            Dated this the 21st day of May, 2024

                         JUDGMENT

The above writ petition is filed with following prayers:

"(I) Issue a writ of mandamus directing respondents 1 to 5 to take adequate, effective and quick steps and action to keep the paddy land covered by Exhibits P-1 to P-3 as paddy land as such without any kind of physical change owned and possessed by respondents 6 and 7. (II) Issue a writ of mandamus directing the respondents 2 to 5 to take all steps to cultivate the land covered by Exhibits P-1 to P-3 for paddy cultivation, forthwith under Sec. 15 and 16 of the Kerala Conservation of Paddy and Wet Land Act,2008 and to comply the directions contained in Exhibits P- 5 and P-6.

(III) Issue a writ of mandamus directing the respondents 1 to 5 not permit the respondents 6 and 7 to remain the paddy land covered by Exhibits P-1 to P-3 as fallow.

(IV) Issue a writ of mandamus directing the 6th respondent to show the correct status of the property covered by Exhibits P-1 to P-3 as Paddy as mentioned in Exhibit P-10 Data Bank for all the recovery proceedings initiated against the 7 th respondent and the properties mentioned in Exhibit P-9.

(V) Issue a writ of mandamus directing the 1st respondent to keep the land covered by Exhibit P-

8 as road for the egress and ingress for the local farmers of the Chalipadom for their paddy WP(C)No.10073/2017 ..4..

cultivation activities and to enter into "Chalikulam" Public Pond.

(VI) Issue such other relief this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."(sic)

2. When this writ petition came up for consideration on 24.03.2017, this Court passed the following order:

"Admit. Government Pleader takes notice for respondents 1 to 5. Sri.R.S.Kalkura, Standing Counsel, takes notice for respondent No.6. Issue notice to the 7th respondent No filling up in violation of Exhibit P5 shall be carried out and the official respondents shall ensure that no such activity is carried on in the 7 th respondent's property"

If Ext.P5 is in force even now, the interim order will continue. Therefore, this writ petition is disposed of with a direction that if Ext.P5 is in force and if there is any violation of Ext.P5, the official respondents shall ensure that no such activity is carried on by the 7th respondent.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR WP(C)No.10073/2017 ..5..

APPENDIX OF WP(C) 10073/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF SALE DEED NO.832/2013 DATED 22-2-2013 OF SRO KALLETTYMKARA. EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.2383/2010 DATED 20-8-2010 OF SRO KALLETTYMKARA. EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.2451/2010 DATED 30-8-2010 OF SRO KALLETTYMKARA. EXHIBIT P4 TRUE COPY OF THE REPORT DATED 5-7-2012 OF THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 28-12-2012 PASSED BY THE 1ST RESPONDENT IN ORDER NO.11/47847/2012.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 25-3-2013 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7 TRUE COPY OF COMPLAINT DATED 24-5-2013 SUBMITTED BY THE PETITIONER'S TO THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 27-4- 2014 SUBMITTED BY THE 7TH RESPONDENT. EXHIBIT P9 TRUE TYPED COPY OF THE NOTICE UNDER SEC.13(12) OF THE SARFAESI ACT, 2002 DATED 13-12-2016 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P10 TRUE COPY OF RELEVANT PORTION OF THE DATA BANK IS ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.