Kerala High Court
N.R.Johnson vs The State Of Kerala on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
WP(C).No.1051 OF 2021(F)
PETITIONER/S:
N.R.JOHNSON,AGED 50 YEARS
S/O. RAPHAEL, NAMBIATTUKUDY HOUSE
ANGAMALY P.O. ERNAKULAM. 683 572.
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
REVENUE, SECRETARIAT THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT COLLECTOR,
ERNAKULAM, (APPELLATE AUTHORITY, CIVIL STATION,
KAKKANAD, ERNAKULAM 682 030.
3 THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA, PATTIMATTOM, MUVATTUPUZHA ROAD,
MUVATTUPUZHA, ERNAKULAM 686 673.
4 THE TAHSILDAR,
KUNNATHUNADU TALUK, KUNNATHUNADU, POOPPANI ROAD,
PERUMBAVOOR, ERNAKULAM 683 543.
5 THE VILLAGE OFFICER,
KOOVAPADI VILLAGE, KOOVAPADI, PERUMBAVOOR, ERNAKULAM
683 544.
6 OKKAL GRAMA PANCHAYATH,
PREDESTINE BY ITS SECRETARY, OKKAL, CHELAMATTOM,
ERNAKULAM 683 550.
7 N.P.GEORGE,
NAMBIATTUKUDI HOUSE, RAYONPURAM P.O. VALLOM,
ERNAKULAM 683 543.
8 TREASA GEORGE,
NAMBIATTUKUDI HOUSE, RAYONPURAM P.O. VALLOM,
ERNAKULAM 683 543.
WP(C).No.1051 OF 2021(F) 2
9 ROBIN GEORGE,
NAMBIATTUKUDI HOUSE, RAYONPURAM P.O. VALLOM,
ERNAKULAM 683 543.
10 ROY GEORGE,
NAMBIATTUKUDI HOUSE, RAYONPURAM P.O. VALLOM,
ERNAKULAM 683 543.
11 N.P. ANTONY,
NAMBIATTUKUDI HOUSE,OKKAL P.O. THAANNIPPUZHA, ,
ERNAKULAM 683 550.
12 LIGY ANTONY,
NAMBIATTUKUDI HOUSE,OKKAL P.O. THAANNIPPUZHA, ,
ERNAKULAM 683 550.
13 VALSA JOSE,
NAMBIATTUKUDI HOUSE,OKKAL P.O. CHELAMATTOM ,
ERNAKULAM 683 550.
14 DEEPAK JOSE,
NAMBIATTUKUDI HOUSE,OKKAL P.O. CHELAMATTOM ,
ERNAKULAM 683 550.
15 DEEPU JOSE,
NAMBIATTUKUDI HOUSE,OKKAL P.O. CHELAMATTOM ,
ERNAKULAM 683 550.
16 SHAJU FRANCIS,
PAYYAPPILLY, KORATY P.O. THRISSUR 680 308.
17 K.A JOY,
KAIPRAMBADAN, MANIKKAMANGALAM, KALADY, ERNAKULAM
683 574.
18 SUSAN MATHEW,
KOIKKARA, KIZHAKKAMBALAM, ERNAKULAM 683 574.
19 SIBY MATHEW,
KOIKKARA, KIZHAKKAMBALAM, ERNAKULAM 683 574.
20 ELIA PAPPACHAN,
NAMBIATTUKUDI HOUSE, RAYONPURAM P.O. VALLOM,
ERNAKULAM 683 543.
OTHER PRESENT:
GP : SRI.A.RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1051 OF 2021(F) 3
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P5 order of the
2nd respondent that rejected an application for stay preferred by the petitioner in
an appeal against Ext.P1 order of the 3 rd respondent passed under the Kerala
Conservation of Paddy Land and Wet Land Act, 2008. Although various
contentions are raised in the writ petition in its challenge against Ext.P5 order, I
am of the view that inasmuch as the said order was passed in an appeal against an
order of the 3rd respondent that granted permission for utilisation of lands
belonging to the respondents 7 to 20 for non-agricultural purposes, the ends of
justice would be met by directing the District Collector (2 nd respondent) to
consider and pass final orders in Ext.P2 appeal pending before him within an outer
time limit of three months from the date of receipt of a copy of this judgment.
I do not find any merit in the contention of the learned counsel for the
petitioner that if further proceedings pursuant to Ext.P1 order are not stayed by
this Court, irreparable damage or loss would be caused to the petitioner. The writ
petition is disposed by directing the 2 nd respondent to consider and pass orders in
the appeal after hearing the petitioner and the contesting respondents within an
outer time limit of three months from the date of receipt of a copy of this
judgment. The petitioner shall produce a copy of this judgment together with a
copy of the writ petition before the 2nd respondent for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
sd
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT HEREIN BEARING NO.
RVS/969/2020/A9 DATED 12.06.2020.
EXHIBIT P2 THE COPY OF THE APPEAL MEMORANDUM FILED BY
THE PETITIONER HEREIN BEFORE THE 2ND
RESPONDENT HEREIN DATED 22.09.2020,
CHALLENGING THE EXHIBIT P1 ORDER OF THE 3RD
RESPONDENT.
EXHIBIT P3 THE COPY OF THE STAY PETITION THAT WAS
FIELD BY THE PETITIONER, ALONG WITH THE
EXHIBIT P2 APPEAL, DATED 22.09.2020.
EXHIBIT P4 THE COPY OF THE JUDGMENT OF THIS HONBLE
COURT IN WPC NO. 19992/2020 DATED
25.09.2020.
EXHIBIT P5 THE COPY OF THE ORDER OF THE 2ND RESPONDENT
REJECTING THE STAY PETITIONER, DATED
0.401.2021.
EXHIBIT P6 THE COPY OF THE SURVEY SKETCH SHOWING THE
POND.
EXHIBIT P7 THE COPY OF THE ORDER OF THE PRINCIPAL
SECRETARY, AGRICULTURAL DEPARTMENT, STATE
OF KERALA DATED 24.07.2017.
EXHIBIT P8 THE COPY OF THE REPROT SUBMITTED BY THE
VILLAGE, OFFICER, KOOVAPADI VILLAGE BEFORE
THE 2ND RESPONDENT DISTRICT COLLECTOR,
DATED 14.10.2020.
EXHIBIT P9 THE COPY OF THE REPROT SUBMITTED BY THE
VILLAGE OFFICER, KOOVAPADI VILLAGE, BEFORE
THE 2ND RESPONDENT DATED 29.12.2020.
EXHIBIT P10 THE COPY OF THE NEWSPAPER REPORT THAT
APPEARED IN MALAYA MANORAMA DAILY,
REGARDING THE PROPOSED TRANSFER OF THE
VILLAGE, OFFICER, KOOVAPADI, VILLAGE DATED
03.01.2021.
EXHIBIT P11 THE COPY OF THE NEWSPAPER REPROT THAT
APPEARED IN JAMMA BHOOMI DAILY, REGARDING
THE PROPOSED TRANSFER OF THE VILLAGE,
OFFICER, KOOVAPADI, VILLAGE DATED
27.12.2020.
EXHIBIT P12 THE COPY OF THE ORDER ISSUED BY THE
SECRETARY OF THE 6TH RESPONDENT PANCHAYAT
DIRECTING TO DEMOLISH THE ILLEGALLY
CONSTRUCTED BUILDINGS, DATED 17.11.2016.
EXHIBIT P13 THE COPY OF THE ORDERS ISSUED BY THE
SECRETARY OF THE 6TH RESPONDENT PANCHAYATH
DIRECTING TO DEMOLISH THE ILLEGALLY,
CONSTRUCTED BUILDINGS, DATED 17.11.2016.
EXHIBIT P14 THE SATELLITE IMAGE OF THE LANDED
PROPERTIES AS IT STOOD IN THE YEAR 2003.
EXHIBIT P15 THE SATELLITE IMAGE OF THE LANDED
PROPERTIES AS IT STOOD IN THE YEAR 2020.
