Manu Johnson vs The Land Revenue Commissioner
2021 Latest Caselaw 13527 Ker

WP(C) NO. 12734 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                    WP(C) NO. 12734 OF 2021
PETITIONER/S:

          MANU JOHNSON
          AGED 25 YEARS
          CHARUVILA PUTHENVEEDU, AMBIPOIKA P.O, ELAMPALLOOR,
          KUNDARA, KOLLAM.

          BY ADVS.
          SRI.K.P.SATHEESAN (SR.)
          SRI.P.MOHANDAS (ERNAKULAM)
          SRI.K.SUDHINKUMAR
          SRI.S.K.ADHITHYAN
          SRI.SABU PULLAN
          SRI.GOKUL D. SUDHAKARAN



RESPONDENT/S:

    1     THE LAND REVENUE COMMISSIONER,
          OFFICE OF THE LAND REVENUE COMMISSIONER,
          THIRUVANANTHAPURAM 695 033.

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, KOLLAM 691 013.

    3     THE TAHSILDAR,
          KOLLAM TALUK, CIVIL STATION, KOLLAM 691 013.




          SMT A C VIDHYA, GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12734 OF 2021               2

                                   JUDGMENT

The petitioner states that he is conducting a resort in the name and style

as 'Global Backwater Resorts' by the side of the Ashtamudi lake. Proceedings

under the Land Conservancy Act was initiated against the petitioner herein

alleging that he has encroached upon kayal poramboku in Re-Sy.Nos.75, 76,

77 and 78 in Block No.291 of the Kollam West Village. He contends that

though the same was challenged, the same was rejected. Immediately

thereafter, he filed an application before the 2nd respondent for assignment of

1.47 Ares in Sy.Nos.B1-291/75, B1-291/76, B1-291/77 and B1-291/78. He

contends that without conducting necessary enquiry, the Land Assignment

Committee rejected his application by Exhibit-P5 order. Challenging the same,

the petitioner has preferred Exhibit-P6 appeal before the 1st respondent along

with an application for condonation of delay, a copy of which is produced as

Exhibit-P7. He has also filed an application seeking stay of proceedings.

Petitioner contends that Exhibits-P6, P7 and P8 are pending before the 1st

respondent. Though various other reliefs are sought for, when the matter

came up for admission, the limited request of the petitioner is for a direction to

the 1st respondent to take final decision on Exhibits-P6 to P8.

2. The learned Government Pleader on instructions submitted that

the petitioner had encroached upon kayal puramboke and the said order was

challenged before this Court. This Court by judgment dated 05.11.2020 in W.P.

(C)No.20209 of 2020 had repelled the challenge. Though the matter was

taken up in appeal, the same was also rejected. According to the learned

Government Pleader, the property, for which the assignment is sought, is in

kayal puramboke, assignment of which is prohibited. Finally, it is submitted

that since a statutory appeal has been preferred, the same can be considered

and appropriate orders can be passed on its merits.

3. I have considered the submissions advanced.

4. Having regard to the facts and circumstances and the submissions

made across the bar, this writ petition is disposed of directing the 1st

respondent to take up Ext.P6 to P8 and finalize the same expeditiously, in

strict adherence to law and with notice to the petitioner and affected parties.

Orders shall be passed expeditiously, at any rate, within a period of three

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

The petitioner shall produce a copy of this writ petition along with this

judgment before the 1st respondent to ensure compliance.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 12734/2021

PETITIONER(S) EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE GIVEN BY THE DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA DATED 01.08.2013.

EXHIBIT P2 TRUE COPY OF THE RENEWAL CERTIFICATE GIVEN BY THE DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA DATED 20.06.2017.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.04.2017.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B8.14622/17 DATED 05.12.2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.L1/18415/17 DATED 31.05.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 21.06.2021.

EXHIBIT P7 TRUE COPY OF THE I.A.TO CONDONE DELAY IN APPEAL NO.LRJ9/16304/21 DATED 21.06.2021.

EXHIBIT P8 TRUE COPY THE I.A.FOR STAY IN APPEAL NO.LRJ9/16304/21 DATED 21.06.2021.

RESPONDENT(S) EXHIBITS:    NIL