V.K. Chakrayudhan vs The District Collector
2021 Latest Caselaw 19441 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                      WP(C) NO. 19277 OF 2021
PETITIONER:

          V.K. CHAKRAYUDHAN
          AGED 73 YEARS
          S/O.KITTU, VADAKKE ATTATHU HOUSE, SOUTH ARYAD,
          AVALOOKKUNNU P.O., ALAPPUZHA, PIN-688006.

          BY ADV T.R.RAJAN


RESPONDENTS:
     1     THE DISTRICT COLLECTOR
           CIVIL STATION, ALAPPUZHA, PIN-688001.

    2     THE TAHSILDAR,
          TALUK OFFICE, AMBALAPPUZHA, ALAPPUZHA DISTRICT, PIN-
          688013.

    3     THE VILLAGE OFFICER
          KOMALAPURAM VILLAGE OFFICE, KOMALAPURAM, ALAPPUZHA
          DISTRICT, PIN-688006.

    4     THE ARYAD GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, AVALOOKKUNNU P.O.,
          KOMALAPURAM, ALAPPUZHA DISTRICT, PIN-688006.

    5     THE SECRETARY
          THE ARYAD GRAMA PANCHAYATH, AVALOOKKUNNU P.O.,
          KOMALAPURAM, ALAPPUZHA DISTRICT, PIN-688006.

          BY ADVS.
          BRIJESH MOHAN
          R.RAJPRADEEP

          SRI.HANILKUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19277 OF 2021
                                    2

                               JUDGMENT

When this matter was called today, Sri.T.R.Rajan - learned

counsel for the petitioner; Sri.Rajpradeep.R. - learned Standing

Counsel for the Panchayat and the learned Senior Government

Pleader - Sri.K.Amminikkutty, were ad idem that the issues

projected in this case have already been considered and decided in

a particular manner by this Court in the judgment in WP(C)

No.10351/2021 and connected matters.

Taking note of the afore submissions, I am of the firm view

that petitioner herein must also be given the same benefits, as had

been offered by this Court to the petitioners in the afore mentioned

judgment, since concededly they are identically situated.

Resultantly, I order this writ petition and set aside the

impugned Form C proceedings in this case; with a consequential

direction to the Secretary of the Grama Panchayat to rehear the

petitioner, after giving him a copy of the survey report and sketch,

thus leading to fresh orders under Rule 11 of the Land

Conservancy Rules, after adverting specifically to the objections WP(C) NO. 19277 OF 2021

preferred by him.

In order to obtain an expeditious compliance of the

directions herein, I direct the petitioners to mark appearance

before the Secretary of the Panchayat at 11 A.M on 04.10.2021; on

which day, they will be given copies of the survey report and

sketch and a further date will be fixed by the said Authority for

hearing them after a period of 15 days thereafter. The proceedings

as afore directed will then be completed, adverting to the

petitioner's objections.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/16/09/2021 WP(C) NO. 19277 OF 2021

APPENDIX OF WP(C) 19277/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE PARTITION DEED NO.1106/1990 OF ALAPPUZHA SRO.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 02.03.2019 ISSUED FROM THE VILLAGE OFFICE, KOMALAPURAM VILLAGE.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.10.2020 ISSUED FROM THE VILLAGE OFFICE, KOMALAPURAM VILLAGE.

Exhibit P4 TRUE COPY OF THE LOCATION SKETCH DATED 07.10.2020 ISSUED BY THE VILLAGE OFFICER, KOMALAPURAM VILLAGE.

Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 22.12.2020 ISSUED BY THE 5TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 26.02.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 18.03.2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE OBJECTIONS DATED 05.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE NOTICE DATED 17.04.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.