Minimol Soman vs The District Collector
2021 Latest Caselaw 19662 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                       WP(C) NO. 19443 OF 2021
PETITIONERS:

          MINIMOL SOMAN,
          AGED 42 YEARS
          W/O. SOMAN, VADAKKE ATTATHU HOUSE, SOUTH ARYAD,
          AVALOOKKUNNU P.O.,
          ALAPPUZHA 688 006.

          BY ADV T.R.RAJAN



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, ALAPPUZHA 688 001.

    2     THE TAHSILDAR,
          TALUK OFFICE, AMBALAPPUZHA, ALAPPUZHA DISTRICT 688 013.

    3     THE VILLAGE OFFICER,
          KOMALAPURAM VILLAGE OFFICE, KOMALAPURAM, ALAPPUZHA
          DISTRICT 688 006.

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

    5     THE SECRETARY,
          THE ARYAD GRAMA PANCHAYATH , AVALOOKKUNNU P.O.,
          KOMALAPURAM, ALAPUZHA DISTRICT 688 006.

          BY ADV R.RAJPRADEEP

          Smt. K Amminikutty,Sr GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19443 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 - Smt.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 W.P(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 her 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 preferred by her.

In order to obtain an expeditious compliance of

the directions herein, I direct the petitioner to

mark appearance before the Secretary of the

Panchayat at 11 A.M on 04.10.2021; on which day,

she will be given copies of the survey report and

sketch and a further date will be fixed by the said

Authority for hearing her 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 MC/1.10

APPENDIX OF WP(C) 19443/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 4242 OF 2009 OF ALAPPUZHA SRO.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 3/4/2020 ISSUED FROM THE VILLAGE OFFICER, KOMALAPURAM VILLAGE.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 18/3/2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE OBJECTIONS DATED 3/4/2021 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.