Vanaraj vs State Of Kerala
2021 Latest Caselaw 2373 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.7731 OF 2018(N)


PETITIONER:

               VANARAJ,
               S/O.PERUMAL, AGED 41 YEARS, PLOT NO.149,
               M.G.COLONY, MUNNAR, PIN - 685 612.

               BY ADV. SRI.N.M.VARGHESE

RESPONDENTS:

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

      2        THE DISTRICT COLLECTOR, IDUKKI DISTRICT
               COLLECTORATE KUYILIMALA, IDUKKI-685 602.

      3        THE TAHSILDAR, DEVIKULAM TALUK
               TALUK OFFICE, DEVIKULAM - 685 613.

      4        THE SPECIAL TAHSILDAR, MUNNAR TASK FORCE,
               OFFICE OF THE SPECIAL TAHSILDAR, IKKA NAGAR, MUNNAR,
               PIN-685 612.

      5        THE MUNNAR GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
               MUNNAR P.O., PIN-685 612.

               R5 BY SRI.ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT
               R1 TO R4 BY SRI. K J MOHAMMED ANZAR, SPL. GP REVENUE




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7731 OF 2018(N)

                                               2

                                           JUDGMENT

Dated this the 21st day of January 2021

This writ petition has been filed praying for the following

reliefs:

i) Call for the entire records from the respondents pertaining to the issues raised in the writ petition.

ii) Issue a writ, order or direction in the form of a declaration that the petitioner is eligible to get his residential property assigned in accordance with Ext.P8 and related Government Orders, the special enactment and Rules;

iii) Issue a writ of mandamus directing the 2 nd respondent to grant assignment on registry to the residential holding of the petitioner pursuant to the application of the petitioner, in terms of Ext.P8 Government Order and Rules;

iv) Issue a writ of mandamus directing the 2 nd respondent to consider and pass appropriate orders on Ext.P9 representation submitted by the petitioner without any delay;

v) Issue a writ of mandamus directing the respondents not to demolish the house of the petitioner or dispossess the petitioner and family from his residential property extending about 3 cents comprised in Sy.No.912 of KDH Village, mentioned in Exts.P1 to P6 documents, during the pendency of the proceedings;

vi) Grant such other relief this Hon'ble court may deem fit in the circumstances of the case.

2. The facts are that the petitioner was allotted a

plot marked as Plot No.149, having an extent of 5 cents under a WP(C).No.7731 OF 2018(N)

scheme for allocating house plots for landless members of the

Scheduled Caste Community. The land originally alloted to the

petitioner was completely rocky and unsuitable for any kind of

construction. The Panchayat, therefore, alloted an alternate land.

Following No Objection Certificate from the Revenue Authority

and building permit issued by the Grama Panchayat, the

petitioner started construction activities.

3. It however appears that the alternate land alloted

by the Panchayat was not part of the land originally earmarked by

the Government for allocation to landless people of the Scheduled

Caste / Scheduled Tribe communities and was part of Government

land, which was earmarked for the National Adventure Academic

Training Centre, which is stated to be an institution of the Central

Government. The construction activities have therefore been

interdicted. It is the case of the petitioner that following the NOC

Issued by the Revenue Authorities originally and the building

permit issued by the Grama Panchayat, he had commenced

construction activities and substantial amounts have already

been spent.

4. The petitioner has approached the District

Collector, Idukki by filing Ext.P9 representation. In the peculiar

facts and circumstances of the case, I am of the opinion that the

District Collector, Idukki must take up Ext.P9 representation for WP(C).No.7731 OF 2018(N)

consideration and after hearing the petitioner and the Panchayat,

decide upon the question as to whether the land in question can

be assigned to the petitioner, without affecting the project of the

National Adventure Academic Training Centre and if not, whether

any alternate land can be allocated to the petitioner. This

direction is being issued considering the fact that the petitioner is

a member of a weaker section of a society and was the

beneficiary of allotment of land under a scheme for allotment of

land to landless members of the Scheduled Caste / Scheduled

Tribe communities and he was unable to utilize the originally

alloted land only on account of the fact that the said land was

unsuitable for any construction. The District Collector, Idukki

shall therefore take up Ext.P9 for consideration and dispose of the

same as above, after hearing the parties within a period of three

months from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C).No.7731 OF 2018(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A PHOTOCOPY OF CERTIFICATE NO.A2-2753/15 DATED 28.04.2015 ISSUED FROM THE 5TH RESPONDENT PANCHAYATH.

EXHIBIT P2 A PHOTOCOPY OF COMMUNICATION NO.A2/6186/15 DATED 09.10.2015 ISSUED FROM THE 5TH RESPONDENT PANCHAYATH.

EXHIBIT P3 A PHOTOCOPY OF SKETCH OF THE HOUSE PLOT ISSUED BY THE 5TH RESPONDENT PANCHAYATH.

EXHIBIT P4 A PHOTOCOPY OF APPROVED PLAN OF THE BUILDING ISSUED IN THE NAME OF THE PETITIONER BY THE 5TH RESPONDENT PANCHAYATH.

EXHIBIT P5 A PHOTOCOPY OF BUILDING PERMIT NO.B2.01/16 DATED 12.07.2016 ISSUED IN THE NAME OF THE PETITIONER.

EXHIBIT P6 A PHOTOCOPY OF COMMUNICATION NO.B2/3800/2016 DATED 13.07.2016 ISSUED BY THE 5TH RESPONDENT GRAMA PANCHAYATH.

EXHIBIT P7 A PHOTOCOPY OF ELECTORAL IDENTITY CARD OF THE PETITIONER.

EXHIBIT P8 A PHOTOCOPY OF GOVERNMENT CIRCULAR NO.70741/A2/2015/REV. DATED 18.10.2016.

EXHIBIT P9 A PHOTOCOPY OF REPRESENTATION DATED 01.03.2018 SUBMITTED AT THE OFFICE OF THE 2ND RESPONDENT.

EXHIBIT P10 A PHOTOCOPY OF JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO.36900/2017 DATED 17.01.2018.

RESPONDENTS' EXHIBITS:

EXHIBIT R5 (a) TRUE COPY OF THE COMMUNICATION DATED 26-

05-2018 ISSUED BY THE 4TH RESPONDENT

EXHIBIT R5 (b) TRUE COPY OF THE ORDER DATED 28-5-2018 ISSUED BY THE 5TH RESPONDENT PANCHAYAT CANCELLING THE BUILDING PERMIT ISSUED TO THE PETITIONER WP(C).No.7731 OF 2018(N)

EXHIBIT R4 (a) TRUE COPY OF REPORT NO.C5-3000/17 DATED 24.05.2018 OF TALUK SURVEYOR, DEVIKULAM

EXHIBIT R4 (b) SERIES OF PHOTOGRAPHS TAKEN THROUGH AN APP CALLED "BHAVAN BHUREKHA" BY NATIONAL REMOTE SENSING CENTRE, BANGALORE