K.P.Usman Haji vs The Vengad Gramapanchayat

Kerala High Court

K.P.Usman Haji vs The Vengad Gramapanchayat on 23 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
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                              WP(C) NO. 22515 OF 2017
PETITIONER:

              K.P.USMAN HAJI
              AGED 50 YEARS, S/O. ABOOKACKER HAJIM, RASHEEDA MANZIL,
              ANJARAKKANDY, KANNUR.

              BY ADVS.
              SRI.C.KHALID
              SRI.T.P.SAJID



RESPONDENTS:

     1        THE VENGAD GRAMAPANCHAYAT
              REPRESENTED BY ITS SECRETARY, VENGAD GRAMAPANCHAYATH,
              VAYANASALA, ANJARAKANDY, THALASSERY, KANNUR - 670 612.

     2        THE VILLAGE OFFICER
              VILLAGE OFFICE, PADUVILAYI,THALASSERY, KERALA - 670 643.

     3        THE AGRICULTURAL OFFICER
              KRISHI BHAVAN, VENGAD POST, PATHIRIYAD - 670 741.

     4        LOCAL LEVEL MONITORING COMMITTE
              REPRESENTED BY AGRICULTURAL OFFICER, KRISHI BHAVAN,
              VENGAD POST, PATHIRIYAD - 670 741.

     5        REVENUE DIVISIONAL OFFICER
              NATIONAL HIGHWAY 17, PALISSERY, THALASSERY, KERALA - 670 101.

     6        THE DISTRICT COLLECTOR
              KANNUR, COLLECTORATE ROAD, KANNUR, KERALA - 670 002.

     7        ANWAR SADATH C.P.
              C.K. HOUSE, VENGAD DESOM, PADUVILAI AMSAM, KANNUR.

              BY ADVS.
              SRI. RIYAL DEVASSY, GP
              SRI.C.P.PEETHAMBARAN
              SRI. P.K.RAVISANKAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22515 OF 2017
                                2



               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
               W.P.(C) No.22515 of 2017
          ----------------------------------------------
        Dated this the 23rd day of May, 2024



                          JUDGMENT

The above writ petition is filed with the following prayers:

"i) Call for the entire records pertaining to the complaint filed by the petitioner against the illegal construction of the 7th Respondent.

ii) Issue a writ of mandamus, any other writ, to direct the 1st Respondent to issue stop memo against the construction of 7th Respondent in property covered under the provisions of wet land Act in Re Sy. No. 40/4B, 40/6B, 40/7B of Paduvilai village in Vengad Panchayat and conduct an enquiry regarding the issuance of permit if any.

iii) Issue a writ of mandamus, any other writ, order or direction to the 3rd Respondent to report the WP(C) NO. 22515 OF 2017 3 violation of provisions of Kerala Conservation of paddy land and wetland 2008 in Re Sy. No. 40/4B, 40/6B, 40/7B of Paduvilai village to the 6th Respondent and Direct the 6th Respondent to take action upon the violation.

iv) Such other relief's that this Honourable Court may deem fit and proper to grant, in the interest of justice." SIC

2. When this Writ Petition came up for consideration on 07.07.2017, this Court passed the following order:

"Admit. Government Pleader takes notice for R2, R3, R5 and R6. Issue notice to R1, R4 and R7.

2nd respondent shall verify the fact, whether the construction carried on by R7 is in a paddy land, if so, shall take appropriate proceedings forthwith."

3. Today, when this writ petition came up for consideration, the learned counsel appearing for the 7th respondent takes me through the documents WP(C) NO. 22515 OF 2017 4 produced along with the counter affidavit, especially Ext.R7(h). I do not want to make any observation about the same. If there is any further grievance to the petitioner, he can approach the statutory authorities, in accordance with law. Retaining the order dated 07.07.2017, this writ petition can be closed.

Therefore, this Writ Petition is disposed of, recording the order dated 07.07.2017. But, I make it clear that, if the 7th respondent's construction is in accordance to law, no action shall be taken against the construction.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 22515 OF 2017 5 APPENDIX OF WP(C) 22515/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RTI QUERY DATED 09.03.17 SUBMITTED BY THE PETITIONER. EXHIBIT P1A THE TRUE COPY OF THE REPLY DATED 23.03.17 GIVEN BY 1ST RESPONDENT GRAMAPANCHAYATH.

EXHIBIT P2 THE TRUE COPY OF THE PETITION DATED 21.04.17 SUBMITTED TO THE 1ST RESPONDENT GRAMAPANCHAYATH. EXHIBIT P3 THE TRUE COPY OF THE PETITION DATED 21.04.17 SUBMITTED TO THE 3RD RESPONDENT AGRICULTURAL OFFICER.

// TRUE COPY // PA TO JUDGE