Kerala High Court
Unknown vs Friday on 9 April, 2021
WP(C) 9726/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Friday,the 9th day of April 2021/19th Chaithra, 1943
WP(C) No.9726/2021
PETITIONER
For information purpose only
SHARAFUDHEEN P.A.,AGED 62 YEARS
S/O.ALIKUTTY, KIZHAKKEPOZHIKKAL, PUNNAPRA THEKKU PANCHAYAT,
PUNNAPRA P.O., ALAPPUZHA DISTRICT, PIN- 688 004.
RESPONDENT
1.THE VILLAGE OFFICER
PUNNAPRA VILLAGE OFFICE, PUNNAPRA, ALAPUZHA - 688 004.
2.THE TAHSILDAR, AMBALAPPUZHA TALUK OFFICE
AMBALAPUZHA, ALAPPUZHA - 688 013.
3.THE DISTRICT COLLECTOR
CIVIL STATION WARD, ALAPPUZHA - 688 001.
4.THE AGRICULTURAL OFFICER
KRISHI BHAVAN, PUNNAPRA SOUTH GRAMA PANCHAYAT - 688 004.
Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit
filed along with the WP(C) the High Court be pleased to stay the operation of Ext.P9, pending
disposal of the Writ Petition (C). .
This petition coming on for admission upon perusing the petition and the affidavit filed
in support of WP(C) and upon hearing the arguments of M/S S.SANAL KUMAR,
BHAVANA VELAYUDHAN, T.J.SEEMA, Advocates for the petitioner the court passed the
following
SATHISH NINAN, J.
==================
W. P. (C) No.9726 of 2021
==================
Dated this the 9th day of April, 2021
For information purpose only
ORDER
The petitioner is aggrieved by Ext.P9 stop memo
issued by the first respondent Village Officer
alleging illegal reclamation of land.
2. An extent of 3 Ares and 39 Sq.M. of property
was purchased by the plaintiff in the year 2020 as
per Exts.P1 Sale Deed. Ext.P1 describes the nature
of the property as "Purayidom". Ext.P3 certificate
issued by the Agricultural Officer indicates that
the property in question is not included in the
Data Bank maintained under the Kerala Conservation
of Paddy land and Wetland Act 2008. Ext.P4 Basic
Tax Register, Ext.P5 tax receipt and Ext.P7
"thandapper account" show the nature of the
property in question as "Purayidom".
3. According to the petitioner, the property
lies adjoining the Panchayat Road on the North and
to make the property on even level with the
W. P. (C) No.9726 of 2021
Panchayat road, gravel was unloaded in the
property. The stop memo alleging illegal
reclamation is misconceived, submits the learned
counsel.
For information purpose only
4. A perusal of the documents referred to
supra, no doubt, prima facie indicates that the
property in question is a "purayidom". Be that as
it may, in terms of Section 13 of the Kerala
Conservation of Paddy land and Wetland Act, the
third respondent District Collector is the
authority authorised to consider the issue. I am
sure that the documents referred to above will be
duly considered by him while exercising the
jurisdiction.
5. The first respondent to forward the files to
the third respondent forthwith. The petitioner may
approach the third respondent-District Collector
and file his objections along with copies of the
relevant documents. The third respondent District
Collector shall consider and pass orders as
expeditiously as possible and at any rate within a
W. P. (C) No.9726 of 2021
period of ten days from the date of receipt of a
copy of this judgment.
For information purpose only Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010263862021 5/5
EXHIBIT P1 - A TRUE COPY OF THE SALE DEED NO.3306/2020 DATED 24/12/2020
OF ALAPPUZHA SRO.
EXHIBIT P3 - A TRUE COPY OF THE CERTIFICATE FROM THE AGRICULTURAL
OFFICER OBTAINED BY THE VENDOR OF THE PETITIONER, JUSTUS JAMES IN
RESPECT OF THE PROPERTY COMPRISED IN RE.SY.NO.442/16 OF PUNNAPRA
VILLAGE DATED 27/11/2019.
For information purpose only
EXHIBIT P4 - A TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX
REGISTER PERTAINING TO THE PROPERTY COMPRISED IN SY.NO.446/16, DATED
23/02/20221.
EXHIBIT P5 - A TRUE COPY OF THE LAND TAX RECEIPT SHOWING REMITTANCE
OF TAX IN RESPECT OF THE PROPERTY COMPRISED IN SY.NO.442/16, DATED
5/5/2020.
EXHIBIT P9 - A TRUE COPY OF THE NOTICE DATED 18/2/2021 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER.
