Vijaymma James vs The District Collector
2021 Latest Caselaw 19676 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. 19422 OF 2021
PETITIONER:

          VIJAYMMA JAMES
          AGED 55 YEARS
          W/O JAMES , CHAKKUPPURACKAL HOUSE, SOUTH ARYAD,
          KOMALAPURAM, ALAPPURAM, 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 PANCHAYAT,
          REPRESENTED BY ITS SECRETARY, AVALOOKKUNNU P.O.,
          KOMALAPURAM, ALAPPUZHA DISTRICT, PIN-688 006.

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

          BY ADV R.RAJPRADEEP

          Sri Aswin Sethumadhavan, 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. 19422 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 - Shri.Aswin Sethumadhavan, 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) 19422/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEASE DEED NO 4331/2006 OF ALAPPUZHA SRO.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 13.5.2020 ISSUED FROM THE VILLAGE OFFICE KOMALAPURAM VILLAGE

Exhibit P3 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 13.1.2021 ISSUED BY THE 4TH RESPONDENT

Exhibit P4 TRUE COPY OF THE NOTICE DATED 17.3.2021 ISSUED BY THE 5TH RESPONDENT

Exhibit P5 TRUE COPY OF THE OBJECTIONS DATED 31.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT

Exhibit P6 TRUE COPY OF THE NOTICE DATED 17.4.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER