Vanika Valsya Educational And ... vs State Of Kerala
2021 Latest Caselaw 13006 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
              THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
                   WP(C) NO. 11762 OF 2021
PETITIONER:

         VANIKA VALSYA EDUCATIONAL AND EMPLOYMENT TRUST,
         REGISTRATION NO.775/85,
         HAVING REGISTERED OFFICE AT VANIKA VAISYA
         BHAVAN, VALIYASLA, THIRUVANANTHAPURAM-695 036,
         REP. BY ITS SECRETARY, S. KUTTAPPAN CHETTIAR,
         AGED 68 YEARS, S/O.V.SUBRAMANIAN CHETTIAR,
         KRIPA, TC 36/445, KOOTTAMVILA ROAD,
         VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695 013.

         BY ADVS.
         SRI.S.AJITH PRABHAV
         SRI.K.SHAJ
         SRI.RENJIT GEORGE
         SRI.C.IJLAL
         SRI.JOSEPH MARY DAS
         SRI.ARUN CHAND
         SRI.VINAYAK G MENON
         SRI.BHARAT VIJAY P.
         SRI.MAJID MUHAMMED K.


RESPONDENTS:

    1    STATE OF KERALA,
         REP. BY BY THE CHIEF SECRETARY,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.

    2    THE TALUK LAND BOARD,
         KOTTARAKKARA, REP. BY ITS CHAIRMAN,
         DEPUTY COLLECTOR (LR),
         HAVING ITS OFFICE AT DISTRICT COLLECTORATE,
         KOLLAM-691 013.

    3    THE TAHSILDAR,
         TALUK OFFICE, KOTTARAKKARA-691 506.

    4    THE TAHSILDAR (LAND RECORDS),
         TALUK OFFICE, KOTTARAKKARA-691 506.
 W.P.(C).No.11762 of 2021

                                2

           BY ADV. VINITHA B., GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.11762 of 2021

                                  3

                            JUDGMENT

The petitioner Society purchased 11 Acres

and 73 cents of property in Veliyam Village of the

Kottarakara Taluk for the purpose of establishing

an aided college by the name KVVS College of Arts

and Science. The Government was about to grant

necessary sanctions when some complaints were

raised alleging that the petitioner had converted

a rubber plantation for setting up the College and

had thereby violated provisions of the Kerala Land

Reforms Act, 1969. Based on the complaint, the 2nd

respondent initiated proceedings in 2016.

Petitioner is aggrieved by the delay in completing

the proceedings.

2. The learned Government Pleader submits, on

instructions, that the Taluk Land Board was not

holding its sittings for a long time, but has now

commenced functioning and that the proceedings in

the petitioner's case will be initiated with W.P.(C).No.11762 of 2021

notice to him within two months.

In such circumstances, the writ petition

is disposed of directing the 2nd respondent to

commence the proceedings by giving notice to the

petitioner, within two months from the date of

receipt of a copy of the judgment and to take all

efforts to complete the proceedings, as

expeditiously as possible. The petitioner has a

further grievance that copies of the documents

produced along with the complaint have not been

furnished. Petitioner can raise that grievance

before the Taluk Land Board, in which event the

Board shall consider the same and take a decision

thereon.

Sd/-

V.G.ARUN, JUDGE

ww W.P.(C).No.11762 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE G.O(P) NO.256/2012/TD DATED 4/12/2012 OF THE KERALA GOVERNMENT.

EXHIBIT P2 THE TRUE COPY OF THE G.O(P) NO.257/2012/TD DATED 4/12/2012 OF THE KERALA GOVERNMENT.

EXHIBIT P3 THE TRUE COPY OF TAX RECEIPT NO.

KL02041003641/2019 DATED 21/05/2019 ISSUED BY VILLAGE OFFICER, VELIYAM VILLAGE TO THE PETITIONER SOCIETY.

EXHIBIT P4 THE TRUE COPY OF BUILDING PERMIT NO.A4-

3094/2015 DATED 4/9/2015 ISSUED THE BY THE SECRETARY, VELIYAM GRAMA PANCHAYAT.

EXHIBIT P5 THE TRUE COPY OF ORDER NO.63/2016 DATED 01/03/2016 ISSUED BY THE STATE GOVERNMENT.

EXHIBIT P6 THE TRUE COPY OF LETTER NO.AC.B.II/02/ 38409/2016-17 DATED 05/07/2016 ISSUED BY UNIVERSITY OF KERALA.

EXHIBIT P7 THE TRUE COPY OF ORDER DATED 22/12/2020 IN CRIME NO.VC.5/2017/KLM OF THE HON'BLE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM.

EXHIBIT P8 THE TRUE COPY OF NOTICE NO.L7-759/16/KKA DATED 07/05/2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER SOCIETY AS WELL AS 24 OTHERS, INCLUDING THE PREDECESSORS IN TITLE AND ADJACENT PROPERTY OWNERS AND GOVERNMENT OFFICIALS.

EXHIBIT P9 THE TRUE COPY OF ORDER NO.G1-32495/08 OF THE ADDITIONAL TAHASILDAR, KOTTARAKKARA DATED 21.4.2012.