Gopinathan vs State Of Kerala

Kerala High Court

Gopinathan vs State Of Kerala 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. 24701 OF 2016
PETITIONER:

              GOPINATHAN
              S/O. MANAPPULLI NEDUMPALLAM, VANDITHAVALAM,
              PATTANCHERRY, PALAKKAD.

              BY ADV SRI.T.K.SANDEEP

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

     2        THE DISTRICT COLLECTOR
              COLLECTORATE, PALAKKAD- 678 001.

     3        THE TAHSILDAR
              CHITOOR TALUK, PALAKKAD - 678 101.

     4        THE VILLAGE OFFICER
              VANDITHAVALAM VILLAGE, PALAKKAD - 678 534.

     5        THE ASSISTANT EXECUTIVE ENGINEER
              IRRIGATION SECTION -II,CHITOOR, PALAKKAD - 678 101.

     6        ADDL. R6. CHAMUNNI
              AGED 70 YEARS, S/O KUNJUVELLA, RESIDING AT NEDUMBALLATH
              SRUTHI BHAVAN, PATTANCHERRI VILLAGE, CHITTUR TALUK,
              PALAKKAD DISTRICT. (ADDL.R6 IS IMPLEADED AS PER ORDER DATED
              18.11.2016 IN I.A. NO.18468/2016)

              BY ADVS.
              SRI. RIYAL DEVASSY, GOVERNMENT PLEADER
              SRI. ARUN MATHEW VADAKKAN
              SRI. K.P.SUDHEER - ADDL. R6




     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. 24701 OF 2016
                                 2




               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
               W.P.(C) No.24701 of 2016
          ----------------------------------------------
        Dated this the 23rd day of May, 2024



                          JUDGMENT

The above writ petition is filed with the following prayers:

"I. Writ of Certiorari quashing Exhibit P9 order passed by the 5th respondent in the interest of justice.

II. Writ of Mandamus directing the Respondents 3 and 5 to proceed with Exhibit P3 and P8 applications filed by the petitioner for license in accordance with the procedure prescribed under The Kerala Land Conservancy Act and Rules in the interest of justice.

III] Any other writ or order that this Honorable Court deems fit" SIC WP(C) NO. 24701 OF 2016 3

2. The main prayer in this Writ Petition is against Ext.P9 order passed by the 5th respondent. The petitioner submitted an application for constructing a temporary shed in an irrigation purampoke land. The officer concerned informed to the petitioner as per Ext.P9 that, no such permission can be granted for any kind of construction in Government purampoke land to private persons. I see no reason to interfere with the same. There is no merit in this writ petition.

Therefore, this writ petition is dismissed.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 24701 OF 2016 4 APPENDIX OF WP(C) 24701/2016 PETITIONER EXHIBITS P1 TRUE COPY OF THE PHOTOGRAPAPH SHOWING THE STALL P2 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED B FSSAI DATED 19/03/2013 P3 TRUE COPY OF THE APPLICATIONN FOR LICENCE DATED 17/11/2015 P4 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 12/01/2015 P5 TRUE COPY OF THE JUDGMENT IN W.P(C) 35002/2015 DATED 02/03/2016 P6 TRUE COPY OF THE ORDER ISSUED BY THE TAHSILDAR, DATED 10/03/2016 P7 TRUE COPY OF THE JUDGMENT IN W.PC) 16164/2016 DATED 29/045/2016 P8 TRUE COPY OF THE APPLICATION DATED 27/05/2016 P9 TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 01/06/2016 P10 TRUE COPY OF THE CIRCULAR NO.

13323/ICW2/98-IR DATED 10/06/1998 RESPONDENTS EXHIBITS :NIL // TRUE COPY // PA TO JUDGE