Jolly Paily vs State Of Kerala
2021 Latest Caselaw 2024 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                      WP(C).No.18623 OF 2020(C)

PETITIONER:
               JOLLY PAILY
               AGED 59 YEARS
               S/O.PAILY, ANJILIKUZHIYIL HOUSE, THATTEKKANNI KARA,
               KANJIKUZHY VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT-685
               606.
               BY ADVS.
               SRI.GEORGE MATHEW
               SRI.M.D.SASIKUMARAN
               SRI.PRAVEEN S.
               SRI.SUNIL KUMAR A.G
               SRI.DIPU JAMES
               SRI.MATHEW K.T.
               SRI.GEORGE K.V.
RESPONDENTS:
      1        STATE OF KERALA
               REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.
      2        THE DISTRICT COLLECTOR, COLLECTORATE,
               KUYILIMALA, PAINAVU P.O., IDUKKI-685 603.
      3        THE DIVISIONAL FOREST OFFICER,
               DIVISIONAL FOREST OFFICE, MUNNAR, IDUKKI-685 612.
      4        THE TAHSILDHAR,
               TALUK OFFICE, IDUKKI TALUK, IDUKKI-685 603.
      5        FOREST RANGE OFFICER, NERIAMANGALAM,
               KOTHAMANGALAM, ERNAKULAM-686 693.
      6        THE DISTRICT NIRMITHI KENDRA,
               THROUGH PROJECT ENGINEER, PAINAVU P.O., KUYILIMALA,
               IDUKKI-685 603.
      7        THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,
               THIRUVANANTHAPURAM IS SUOMOTU IMPLEADED AS ADDITIONAL
               7TH RESPONDENT AS PER ORDER DATED 19.01.2021.

               SRGP.SRI.M.R.SABU

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18623/2020(C)

                                     2



                                 JUDGMENT

Dated this the 19th day of January 2021

This Writ petition is filed complaining that the

debris accumulated in petitioner's property covered by

Ext.P1 patta is not removed so far on account of the

dispute between the Revenue department and the Forest

department. Petitioner filed this writ petition

seeking a direction to the 2nd respondent - Distric

Collector to pass orders permitting the Nirmithi Kendra

to remove the accumulated debris and sand from his

property in tune with Exts.P3 and P4 orders issued by

the 2nd respondent. According to the petitioner those

orders were issued in a joint meeting of the Revenue as

well as Forest departments. However, though this Writ

petition came up for admission on 11.09.2020 and was

being adjourned, the respondents did not take any

proper action for carrying out/implementing the

decision of the District Collector apparently on

account of the dispute between the two departments with

regard to the debris. The petitioner points out that WP(C).No.18623/2020(C)

on account of the said dispute he is unable to carry

out cultivation in his property since the year 2018 as

the debris and sand accumulated ever since the flood

occurred in the year 2018.

2. I have heard Adv.Sri.George Mathew, the learned

counsel appearing for the petitioner, who strenuously

argued that the respondents should be asked to remove

the accumulated debris and sand immediately.

3. Heard Adv.Sri.M.R.Sabu, the learned Senior

Government Pleader, who pointed out that when there is

a dispute between the two departments a decision has to

be taken by a high power committee.

Therefore, there shall be a direction to the Chief

Secretary, the additional 7th respondent, to convene a

meeting and to take a decision in the matter of removal

of debris and sand from the petitioner's property in

view of the dispute between the two departments and to

see that the debris and sand is removed from the

property as expeditiously as possible, taking note of

the fact that the petitioner is disabled from carrying WP(C).No.18623/2020(C)

out any cultivation in the property from the year 2018

on wards. Therefore, this shall be done within a

period of one month from the date of receipt of a copy

of the judgment.

The Writ Petition is accordingly disposed of .

Sd/-

P.V.ASHA JUDGE DM WP(C).No.18623/2020(C)

APPENDIX OF WP(C) 18623/2020 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF TAX RECEIPT NO.1584726 DATED 21.05.2020 ISSUED BY VILLAGE OFFICER, KANJIKUZY.

EXHIBIT P2 TRUE COPY OF PROCEEDINGS NO.E9-8932/19 DATED 30.01.2020 ISSUED BY 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF EXTRACT AND DECISION OF MEETING DATED 27.05.2020 HELD IN THE CHAMBERS OF 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF LETTER NO.E9-8932/19 DATED 29.05.2020 ISSUED BY 2ND RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE