Kerala High Court
N.Sudhakaran Pillai vs The Local Level Monitoring ... on 3 August, 2021
WA.No.1152 OF 2014 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
WA NO. 1152 OF 2014
AGAINST THE JUDGMENT IN WPC 11609/2014 OF HIGH COURT OF KERALA, ERNAKULAM
APPELLANTS/PETITIONERS:
1 N.SUDHAKARAN PILLAI
AGED 62 YEARS
S/O.KAMALAKSHI AMMA @ KAMALAMMA, CHERATTU HOUSE, CHOORNIKKARA
GRAMA PANCHAYATH, AMBATTUKAVU, ALUVA-683106 - EXPIRED
2 N.A.ASHRAF
NJARAKKATT VEEDU, ELOOR KIZHAKKUMBHAGOM, NOW RESIDING AT
CHIRAKKAL HOUSE, ALUVA WEST VILLAGE, ALUVA.
BY ADVS.
SRI.DINESH R.SHENOY
SRI.H.KIRAN
RESPONDENTS/RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE
CHOORNIKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER AND
AGRICULTURAL OFFICER, KRISHI BHAVAN, CHOORNIKKARA, ERNAKULAM-
683106.
2 THE VILLAGE OFFICER
ALUVA WEST VILLAGE, BYPASS ROAD, ALUVA-683101.
3 CHOORNIKKARA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, CHOORNIKKARA, THAIKKATTUKARA,
ALUVA-683106.
4 THE LOCAL LEVEL MONITORING COMMITTEE
KALAMASSERY MUNICIPALITY, REPRESENTED BY ITS CONVENER &
AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR-683501.
5 VILLAGE OFFICER
THRIKKAKARA NORTH VILLAGE, KOONAMTHAI, KALAMASSERY,
COCHIN-682021.
6 KALAMASSERY MUNICIPALITY
REPRESENTED BY THE SECRETARY, KALAMASSERY MUNICIPALITY,
KALAMASSERY, COCHIN-683104.
7 THE ARCHDIOCESE OF VERAPOLLY
REPRESENTED BY THE ARCHBISHOP OF VERAPOLLY, ARCHDIOCESE OF
VERAPOLLY, BROADWAY, COCHIN-682031.
8 STATE OF KERALA
WA.No.1152 OF 2014 2
REPRESENTED BY THE PRINCIPAL SECRETARY, AGRICULTURAL DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695007.
9 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, COCHIN-682030.
10 THE REVENUE DIVISIONAL OFFICER
OFFICE OF RDO, FORT COCHIN, COCHIN-682001.
11 KOCHI METOR RAIL LTD.
A GOVERNMENT COMPANY, REGISTERED UNDER THE INDIAN COMPANIES ACT,
REPRESENTED BY ITS MANAGING DIRECTOR ELIAS GEORGE IAS, KOCHI
METRO RAIL LTD., REVENUE TOWER, 8TH FLOOR, OPP: SUBHASH PARK,
COCHIN-682011.
12 THE DELHI METRO RAIL CORPORATION LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY THE
MANAGING DIRECTOR, DMRCL, METRO BHAVAN, FIVE BRIDGE LANE,
PARAKHAMBA ROAD, NEW DELHI-110001.
13 THE STATE LEVEL MONITORING COMMITTEE
KERALA, REPRESENTED BY THE CONVENER, THE AGRICULTURAL PRODUCTION
COMMISSIONER, OFFICE OF THE AGRICULTURAL PRODUCTION
COMMISSIONER, GOVERNMENT SECRETARIAT,TRIVANDRUM-695001.
BY ADVS.
SRI.K.ANAND (SR.)
SRI.ANIL K.MOHAMMED
SRI.K.JAJU BABU SR.
SMT.LATHA KRISHNAN
SRI.T.P.SAJAN
SRI.P.SANTHOSH KUMAR TR
SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD.
SRI.TEK CHAND, SENIOR GOVERNMENT PLEADER FOR R1, R2, R4, R5, R8
TO R10
SRI.M.ABOOBACKER FOR R6.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.1152 OF 2014 3
JUDGMENT
Dated this the 3rd day of August, 2021
S. MANIKUMAR,CJ.
This appeal is preferred by the petitioners in W.P.(C) No.11609/2014,
challenging judgment of the learned Single Judge dated 26.6.2014, by which a
learned Single Judge has dismissed the writ petition by declining the following
reliefs sought for by the appellants:
a) A writ of mandamus or any other appropriate writ, order or direction,
quashing Exhibits P21 and P22 orders issued by the Agricultural Production
Commissioner in the name of the 8th respondent.
b). Issue a writ, order or prohibition or direction, prohibiting the respondents
from converting, filling up or leveling or allowing the conversion or filling up
of the paddy lands and wet lands comprised in Chawarpadam and the
Katteppadam in Choornikkara Grama Panchayath, and Pallathippadam in
Kalamassery Municipality.
C) A writ order or direction, directing respondents 8 to 10 to forthwith stop all
further conversion of paddy land and wet land on the basis of Exhibit P13
application forthwith.
d) Issue a writ, order or direction, directing the 13th respondent to remove all
the soil dumped by it in the Chawarpadam and the Katteppadam in
Choornikkara Grama Panchayath in excess of land covered by Exhibits P21
and P22 orders
e) A writ , order or direction to identify puramboke land in Sy.No.1087/1G of
Thrikkakara North Village forthwith and to take possession of the same,
invoking emergently clauses, for the purpose of Metro Railway Projects an
any ancillary structures required for the purpose, on war footing within a time
period specified by this Hon'ble Court.
2. After considering the pleadings and submissions, and also the
judgment of the Apex Court in Sundarrajan v. Union of India and others
[(2013) 6 SCC 620], writ court declined to grant the reliefs prayed for. At
paragraph 19, the writ court held as follows:
"19. Having regard to the law laid down by the Supreme Court, it is clear
that, this is also a project for importance to the State as it is intended for
increasing the infrastructural facilities in the city of Kochi and the State as
well and therefore the project cannot be stalled by raising unnecessary
controversies. True that there might be some infirmities in the decision
making process. But such infirmities or even to certain extent illegalities
should not be a reason to forget or discard the public interest or public
purpose involved in the matter. Personal opinions, private interest, trivial
issues, minimal damages to the environment should always give way to
larger public interest.
In the said circumstances, I do not find any reason to interfere with
the project at this stage of the proceedings and accordingly, the writ
petition is dismissed."
Being aggrieved, the instant writ appeal is filed.
3. On this day, when the matter came up for further hearing, Mr.Jaju
Babu, learned Senior counsel for 11th respondent, submitted that the project
itself has been completed and Metro Rail Project has been inaugurated on
17.6.2017. According to him, nothing survives in this writ appeal for further
adjudication.
Placing on record the above, instant writ appeal is dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv JUDGE
