Jijo Joseph vs The District Collector
2021 Latest Caselaw 19708 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. 19348 OF 2021
PETITIONER:

          JIJO JOSEPH
          AGED 52 YEARS
          S/O. P.J. JOSEPH, PARAYIL HOUSE, POONTHOPPU WARD,
          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 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. 19348 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 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 preferred by him.

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, he

will be given copies of the survey report and sketch

and a further date will be fixed by the said

Authority for hearing him 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) 19348/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEED NO. 4518 OF 2014 OF ALAPPUZHA SRO.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 27.04.2020 ISSUED FROM THE VILLAGE OFFICE, KOMALAPURAM VILLAGE.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 18.03.2021 ISSUED BY THE 5TH RESPONDENT.

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 17.04.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.