V.L.Chellappan vs The District Collector
2021 Latest Caselaw 18458 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                       WP(C) NO. 25122 OF 2020
PETITIONER:

          V.L.CHELLAPPAN
          AGED 68 YEARS
          S/O NANU, VADACHIRA HOUSE, KAKKANAD, PIN-682 030.

          SRI.A.T.ANILKUMAR
          SMT.V.SHYLAJA


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          ERNAKULAM, PIN-682 030.

    2     THE TAHASILDAR,
          KANAYANNOOR TALUK, TALUK OFFICE, OLD COLLECTORATE,
          ERNAKULAM DISTRICT,PIN-682 011.

    3     VILLAGE OFFICER,
          KAKKANAD VILLAGE, KAKKANAD-682 030.

    4     JAYASREE V.J,
          AGED 52 YEARS
          W/O PAVITHRAN, 10/23 A1, VADACHIRA (H), CHITTETHUKARA,
          KAKKANAD, PIN-682 030.

    5     PAVITHRAN,
          AGED 54 YEARS
          S/O VAVA, 10/23 A1, VADACHIRA HOUSE,CHITTETHUKARA,
          KAKKANAD, PIN-682 030.

    6     THE CIRCLE INSPECTOR OF POLICE.
          KAKKANADU POLICE STATION, KAKKANADU-682 030.

          SRI.DINESH R.SHENOY
          SRI.EBIN MATHEW
          SRI.P.ROHIT PREMANANDAN SHENOY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25122 OF 2020
                                    2


                               JUDGMENT

Among the various averments, allegations and

assertions in this writ petition made by the petitioner, the

sole grievance which appears to be projected is that, when

Ext.R4(j) notice had been issued by the District Collector for

hearing the various parties, who are stated to be in

possesstion of "puramboke" land and who have made

applications for assignment, he alone has been denied such

an opportunity; and he asserts that this is in violation of

Ext.P3 judgment of this Court, wherein, a learned Judge had

directed that he shall also be heard when such proceedings

are completed.

2. The petitioner prays that, therefore, the District

Collector may be directed to hear him also, before the

applications of the party respondents for assignment are

considered and he asserts that this is necessary because he

has competing claims on the properties which have been

claimed for by them.

3. Sri.Ebin Mathew, learned counsel for the party

respondents, responded by arguing that the afore assertions

of the petitioner are untenable because, as is evident from WP(C) NO. 25122 OF 2020

Ext.P3, he had not been directed to be heard and that the

property over which the petitioner makes his claim is totally

different from the property which is covered by Ext.R4(j)

notice. He submitted that, therefore, the attempt of the

petitioner is to mislead this Court and to obtain illegal

benefits, particularly when he himself admits to be a person

who is in occupation of "puramboke" land.

4. The learned Senior Government Pleader, Sri.Ashwin

Sethumadhavan, submitted that this writ petition is an abuse

of process, because the petitioner cannot be allowed to

object to the applications of the party respondents being

considered in terms of law. He, however, added that if the

petitioner only requires an opportunity of being heard, when

the process under Ext.R4(j) is taken forward, there is no

legal impediment in doing so, but submitted that the land

sought for by him for assignment does not appear to be the

land which is involved in the said notice.

5. When I consider the afore submissions, there can be

no doubt that the petitioner and party respondents have

applied for assignment of land in "puramboke area". I,

therefore, cannot find any reason why the petitioner has WP(C) NO. 25122 OF 2020

made a request in this writ petition that persons who are in

possession of "puramboke" land be evicted, because if this is

done, he will also be put to detriment.

6. I am, therefore, of the view that all that this Court

now is required to do is to grant an opportunity of being

heard to the petitioner, when proceedings under Ext.R4(j) is

taken forward; however, clarifying that it is upto the

competent Authority to verify whether the claim made by the

petitioner covers the property over which the proceedings

under the said notice has been initiated.

In the afore circumstances, I order this writ petition to

the limited extent of directing the District Collector to hear

the petitioner also when the proceedings under Ext.R4(j) is

completed; however, leaving him full liberty to verify whether

the land claimed for by the petitioner is different from the

lands covered by the said notice.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 25122 OF 2020

APPENDIX OF WP(C) 25122/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 7.1.2019

EXHIBIT P2 THE TRUE COPY OF THE FORM C NOTICE DATED 10.1.2019

EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN WPC NO 30327/19 DATED 19.11.2019

EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 11.12.2019

EXHIBIT P5 THE TRUE COPY OF THE INFORMATION ISSUED BY THE 3RD RESPONDENT DATED 10.4.2020

EXHIBIT P6 PHOTOGRAPHS SHOWING THE ILLEGAL CONSTRUCTION

EXHIBIT P7 THE NOTICE REGARDING THE PUBLIC MEETING AGAINST THE ILLEGAL ENCROACHMENT DATED 10.11.2019

EXHIBIT P8 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT STAGE OF THE 4TH RESPONDENTS BUILDING AND UNAUTHORIZED CONSTRUCTION.

RESPONDENT EXHIBITS

Annexure R3(A) TRUE COPY OF PHOTOGRAPHS TAKEN ON 11.01.2021 OF THE HOUSE OF THE RESPONDENTS 4 AND 5.

Exhibit R4(A) TRUE PHOTOCOPY OF OWNERSHIP CERTIFICATE ISSUED TO THE 4TH RESPONDENT FOR ELECTRICITY CONNECTION DATED 4/8/09.

Exhibit R4(B) TRUE PHOTOCOPY OF THE OWNERSHIP CERTIFICATE DATED 15/3/2010 ISSUED TO WP(C) NO. 25122 OF 2020

4TH RESPONDENT FOR APPLYING FOR WATER CONNECTION.

Exhibit R4(C) TRUE PHOTOCOPY OF RECEIPT ISSUED TO 4TH RESPONDENT FOR PAYMENT OF ELECTRICITY CHARGES DATED 9/8/2019.

Exhibit R4(D) TRUE PHOTOCOPY OF RECEIPT ISSUED TO 4TH RESPONDENT FOR WATER CHARGES DATED 4/10/19.

Exhibit R4(E) TRUE PHOTOCOPY OF THE ELECTORAL IDENTITY CARD OF THE 4TH RESPONDENT DATD 9/1/2013.

Exhibit R4(F) TRUE PHOTOCOPY OF THE AADHAAR CARD NO.767474100306 ISSUED TO THE 4TH RESPONDENT.

Exhibit R4(G) TRUE PHOTOCOPY OF THE FRONT FACING PAGE OF THE RATION CARD ISSUED TO THE 4TH RESPONDENT DATED 4/12/10.

Exhibit R4(H) TRUE PHOTOCOPY OF THE FRONT FACING PAGE OF RATION CARD ISSUED TO THE 4TH RESPONDENT DATED 15/3/2017, WITH TYPED COPY.

Exhibit R4(I) TRUE PHOTOCOPY OF REPRESENTATION DATED 5/11/19 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE DISTRICT COLLECTOR.

Exhibit R4(J) TRUE COPY OF THE NOTICE FOR HEARING DATED 3/1/2020.

Exhibit R4(K) TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER.

Exhibit R4(I) TRUE PHOTOCOPY OF JUDGMENT DATED 11/12/2020 IN WP(C)N0.21516/2020, HIGH COURT OF KERALA.