Indulekha vs The District Collector
2021 Latest Caselaw 19443 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. 19211 OF 2021
   PETITIONER:

          INDULEKHA
          AGED 42 YEARS
          W/O. BINEESH, PATHUTHENGHUNGHAL HOUSE,
          PALLATHURUTHY MURI, AVALOOKKUNNU P.O.,
          ALAPPUZHA ,PIN-688 006

          BY ADV T.R.RAJAN


RESPONDENTS:
     1     THE DISTRICT COLLECTOR,
           CIVIL STATION, ALAPPUZHA,PIN-688 001

    2     THE TAHSILDAR,
          TALUK OFFICE, AMBALAPPUZHA, ALAPPUZHA DISTRICT,PIN-688
          013

    3     THE VILLAGE OFFICER,
          KOMALAPURAM VILLAGE OFFICE, KOMALAPURAM, ALAPPUZHA
          DISTRICT,PIN-688 006

    4     THE ARYAD GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY, AVALOOKKUNNU P.O.,
          KOMALAPURAM, ALAPPUZHA DISTRICT,PIN-688 006

    5     THE SECRETARY,
          THE ARYAD GRAMA PANCHAYATH, AVALOOKKUNNU P.O.,
          KOMALAPURAM, ALAPPUZHA DISTRICT,PIN-688 006,

          BY ADVS.
          BRIJESH MOHAN
          R.RAJPRADEEP

          SRI.HANILKUMAR     G.P.


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. 19211 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 WP(C) NO. 19211 OF 2021

Conservancy Rules, after adverting specifically to the objections

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. 19211 OF 2021

APPENDIX OF WP(C) 19211/2021

PETITIONERS EXHIBITS

Exhibit P1 TRUE COPY OF THE DEED NO.1183/2017 OF ALAPPUZHA SRO

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 4.7.2020 ISSUED FROM THE VILLAGE OFFICE, KOMALAPURAM VILLAGE

Exhibit TRUE COPY P3 OF THE NOTICE DATED 18.3.2021 ISSUED BY THE 5TH

Exhibit P4 TRUE COPY OF THE OBJECTIONS DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT

Exhibit P5 TRUE COPY OF THE NOTICE DATED 17.4.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER