Chackochan.A.M vs Village Officer
2021 Latest Caselaw 22117 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                      WP(C) NO. 23352 OF 2011
PETITIONER:

            CHACKOCHAN.A.M., PRSIDENT,
            ISWARYA EDUCATIONAL & CHARITABLE SOCIETY,,
            REG.NO.Q353/11, PUNALUR P.O., KOLLAM-691305.

            BY ADV SRI.G.BHAGAVAT SINGH

RESPONDENTS:

    1       VILLAGE OFFICER
            KARAVALOOR P.O., PUNALUR, KOLLAM-691305.

    2       THE ADDITIONAL TAHSILDAR, PATHANAPURAM
            TALUK, PUNALUR P.O., KOLLAM-691305.

    3       THE REVENUE DIVISIONAL OFFICER
            OFFICE OF THE REVENUE DIVISIONAL OFFICER,, CIVIL
            STATION, KOLLAM-691013.

    4       THE COLLECTOR, COLLECTORATE
            KOLLAM-691013.

 ADDL.R5 THE SENIOR GEOLOGIST, MINING AND GEOLOGY
         DEPARTMENT, DISTRICT OFFICE, KOLLAM
            IS IMPLEADED SUO MTU AS PER ORDER DATED 29.09.2011

            BY ADV.RASHMI K.M., SR.GOVT. PLEADER



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   05.11.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.23352/2011

                                   2


                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.23352 of 2011
               ----------------------------------------------
            Dated this the 05 day of November, 2021


                             JUDGMENT

This writ petition is filed with following prayers:

i. Call the entire records leading up to Ext.P15 order from the 2nd and 3rd respondents and quash Exts.P-4,P-12 and P-15 by issuing a writ of certiorari; and permit the petitioner to conduct the constructional and other works in accordance with law.

ii. Issue a writ or order or direction directing the respondent 4 to order an enquiry against the 3 rd respondent regarding the loss of file bearing No.A-1653/11 and to initiate stringent action against the responsible person within a time frame.

iii. Allow exemplary cost of the petitioner from the respondents.

iv. Pass such appropriate writ, order or direction which this Hon'ble Court may deem fit and proper to the facts and circumstances of the case.

2. This writ petition was filed originally in connection

with the construction of an engineering college. Now the

counsel for the petitioner submitted that the petitioner W.P.(C).No.23352/2011

already dropped that project. What remains is only about the

construction of a bridge by the petitioner. According to the

counsel, the bridge is already constructed after getting

permission from the authority concerned. Ext.P10 is the order

passed by the Executive Engineer, Minor Irrigation Division,

Kollam. Ext.P11 is a letter from the Assistant Executive

Engineer to the petitioner in which sanction is accorded to

construct the bridge across Maniyar Thodu River near

Chudukkatta Junction at the applicant's own expenses with

certain conditions.

3. According to the petitioner, he constructed the

bridge strictly in accordance with Exts.P10 and P11. In such

circumstances, the observation in Exts.P4, P12 and P15 to the

effect that the construction is illegal may be set aside. The

Government Pleader submitted that there is violation of the

provisions and takes me through paragraph 3 onwards of the

counter affidavit filed by the 3rd respondent.

4. I perused the affidavit. Since the construction of

the bridge is already over and since the petitioner submitted

before this Court that this is strictly in accordance with

Exts.P10 and P11, the writ petition can be closed recording W.P.(C).No.23352/2011

the same. Consequently, part of the impugned orders to the

effect that the construction is in violation of the permit and

sanction can be set aside with a rider that if the authorities

found that the construction of the bridge is in violation of

Exts.P10 and P11, they can take appropriate action in

accordance with law.

Therefore, this writ petition is disposed in the following

manner:

1. The observation in Exts.P4, P12 and P15 to the

effect that the construction of the bridge by

the petitioner is without getting permission

and sanction is set aside in the light of

Exts.P10 and P11.

2. The authorities concerned are free to take

appropriate steps, if the construction is in

violation of the conditions prescribed in

Exts.P10 and P11.

3. All the contentions of the petitioner in this writ

petition are left open.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.23352/2011

APPENDIX OF WP(C) 23352/2011

PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE DISTRICT REGISTRAR, KOLLAM.

Exhibit P2 PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 29.12.2010 BEARING NO.1098/10.

Exhibit P2(A) PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 29.12.2010 BEARING NO.1099/10.

Exhibit P2(B) PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 29.12.2010 BEARING NO.1099/10.

Exhibit P2(C) PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 29.12.2010 BEARING NO.1101/10.

Exhibit P3 PHOTOCOPY OF THE PLAN OF THE PROPOSED ENGINEERING COLLEGE AT PUNALUR (KARAVALOOR).

Exhibit P4 PHOTOCOPY OF THE ORDER DATED 23.12.2010 PASSED BY THE 2ND RESPONDENT.

Exhibit P5 PHOTOCOPY OF THE PETITION DATED 31.08.2009 FILED BY THE PETITIONER BEFORE THE TAHSILDAR.

Exhibit P6 PHOTOCOPY OF THE REPORT DATED 07.09.2009 FILED BY 1ST RESPONDENT BEFORE THE RESPONDENT.

Exhibit P7 PHOTOCOPY OF THE PETITION DATED 08.09.2009 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P8 PHOTOCOPY OF THE N.O.C DATED 09.09.2009 ISSUED BY THE KARAVALOOR GRAMA PANCHAYAT.

Exhibit P9 PHOTOCOPY OF THE APPLICATION DATED 23.11.2009 FILED BEFORE THE ASST.EXECUTIVE ENGINEER.

Exhibit P10 PHOTOCOPY OF THE SANCTION ORDER DATED 23.12.2009 ISSUED BY THE EXECUTIVE ENGINEER, KOLLAM.

Exhibit P11 PHOTOCOPY OF THE LETTER DATED 23.02.2010 ISSUED BY THE ASST.EXECUTIVE ENGINEER.

W.P.(C).No.23352/2011

Exhibit P12 PHOTOCOPY OF THE ORDER DATED 28.12.2010 PASSED BY THE 2ND RESPONDENT.

Exhibit P13 PHOTOCOPY OF G.O(M.S)NO.85/2010/IND.

DATED 05.04.2010.

Exhibit P14 PHOTOCOPY OF THE PETITION DATED 30.12.2010 FILED BY THE PETITIONER BEFORE 3RD RESPONDENT.

Exhibit P15 PHOTOCOPY OF THE ORDER DATED 02.04.2011 PASSED BY THE 3RD RESPONDENT.

Exhibit P16 PHOTOCOPY OF THE REPORT SUBMITTED BY THE GEOLOGIST BEFORE THE 3RD RESPONDENT.

Exhibit P17 PHOTOCOPY OF PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 09.08.2011.

RESPONDENT EXHIBITS Exhibit R3(A) A TRUE PHOTO COPY OF THE LETTER NO.T/7402/2011 DATED 21.03.2011. PETITIONER EXHIBITS Exhibit P18 PHOTOCOPY OF THE APPLICATION DATED 22.10.2011 FILED BY THE PETITIONER UNDER RTI ACT.

Exhibit P19 PHOTOCOPY OF THE REPLY ISSUED UNDER RTI ACT.

Exhibit P20 PHOTOCOPY OF THE SALE DEED NO.1746/2007.

Exhibit P21 PHOTOCOPY OF THE REPORT FILED BY THE TALUK SURVEYOR DATED 02.09.2011.