Kerala High Court
S.Radhakrishnan vs State Of Kerala on 22 August, 2022
WP(C) Nos.13211 & 20383 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 22ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944
WP(C) NO. 20383 OF 2022
PETITIONER/S:
1 S. RADHAKRISHNAN
AGED 64 YEARS
S/O SIVADASAN, RESIDING AT SREE NANDANAM HOUSE,
CHAVARA BRIDGE P.O KOLLAM, PIN - 691583
2 K.S. JAYAPRAKASH
AGED 69 YEARS
S/O SIVADASAN, RESIDING AT SREE NILAYAM HOUSE,
CHAVARA BRIDGE P.O KOLLAM, PIN - 691583
BY ADVS.
P.M.MANOJ
HAMZATH ALI V.K.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM
2 THE DISTRICT COLLECTOR
CIVIL STATION, KOLLAM, PIN - 691013
3 THE REVENUE DIVISIONAL OFFICER
CIVIL STATION, KOLLAM, PIN - 691013
WP(C) Nos.13211 & 20383 OF 2022 2
4 LOCAL LEVEL MONITORING COMMITTEE
CHAVARA GRAMA PANCHAYATH,
REPRESENTED BY ITS CONVENER,
AGRICULTURE OFFICER, KRISHI BHAVAN CHAVARA, KOLLAM,
PIN - 691583
5 THE VILLAGE OFFICER
CHAVARA VILLAGE, KOLLAM, PIN - 691583
6 THE AGRICULTURE OFFICER
KRISHI BHAVAN CHAVARA, KOLLAM, PIN - 691583
7 KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE
(KSREC)
'C' BLOCK, VIKAS BHAVAN, THIRUVANANTHYAPURAM, PIN -
695033
8 CHAVARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY
KOTTANKULANGARA BHARANIKAVU RD, PUTHUKKAD, CHAVARA,
KOLLAM, PIN - 691585 REPRESENTED BY THE SECRETARY
SRI.M.R.SASITH, SC
SRI.ASHWIN S SETHUMADHAVAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.08.2022, ALONG WITH WP(C).13211/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13211 & 20383 OF 2022 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 22ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944
WP(C) NO. 13211 OF 2022
PETITIONER/S:
1 S.RADHAKRISHNAN,
AGED 64 YEARS
S/O. SIVADASAN, RESIDING AT SREE NANDANAM HOUSE,
CHAVARA BRIDGE P.O., KOLLAM-691583.
2 K.S. JAYAPRAKASH,
AGED 69 YEARS
S/O. SIVADASAN, RESIDING AT SREE NILAYAM HOUSE,
CHAVARA BRIDGE P.O., KOLLAM-691583.
BY ADVS.
P.M.MANOJ
S.RUSSEL
HAMZATH ALI V.K.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO AGRICULTURE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
695001.
3 THE SECRETARY TO THE GOVERNMENT,
WP(C) Nos.13211 & 20383 OF 2022 4
HOME & VIGILANCE, SECRETARIAT, THIRUVANANTHAPURAM-
695001.
4 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, KOLLAM-691013.
5 THE PRINCIPAL AGRICULTURAL OFFICER,
CIVIL STATION, KOLLAM-691013.
6 LOCAL LEVEL MONITORING COMMITTEE,
GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER,
AGRICULTURE OFFICER, KRISHI BHAVAN CHAVARA, KOLLAM-
69183.
7 THE VILLAGE OFFICER,
CHAVARA VILLAGE, KOLLAM-691573.
8 JIMSHAD A.,
PAVASSERIL HOUSE, S.V. MARKET P.O., KARUNAGAPPALLY-
690573.
9 NOOBIYA BASHEER,
FORMER AGRICULTURAL OFFICER, CHAVARA, RESIDING AT
PILLA VEEDU, NADUVILAKKARA, THEVALAKKARA,
KARUNAGAPPALLY, KOLLAM-690524.
10 CHAVARA GRAMA PANCHAYAT.
KOTTANKULANGARA, BHARANIKAVU ROAD, PUTHUKKAD,
CHAVARA, KOLLAM-691585, REPRESENTED BY ITS SECRETARY.
SRI.M.R.SASITH, SC, SRI.ASHWIN SETHUMADHAVAN,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.08.2022, ALONG WITH WP(C).20383/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13211 & 20383 OF 2022 5
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C) Nos. 13211 and 20383 of 2022
--------------------------------------
Dated this the 22nd day of August, 2022
JUDGMENT
These two writ petitions are connected and therefore, I am
disposing of these two writ petitions by a common judgment.
2. W.P.(C.) No. 13211/2022 is filed with the following
prayers :
"(a) Issue a writ of mandamus or any other
appropriate writ or order directing the 4th
respondent to finalize the proceedings and pass
appropriate orders on Ext P8 and P8(A) application
under S.27A of the Act within the time limit
prescribed by this Hon'ble Court.
(b) Issue a writ of certiorari and calling for
records leading to P4, P4(A), P7 and P9 and quash
the same.
(c) Issue a writ of mandamus or any other
appropriate writ or order directing the 3 rd
respondent to finalize the proceedings initiated on
the basis of Ext P12 within the time limit prescribed
by this Hon'ble Court.
(d) Issue a writ of mandamus or any other
appropriate writ or order directing the 2 nd
respondent take departmental action against the 8th
respondent after conducting a detailed enquiry de
horse Ext P12(A) Vigilance report.
(e) Issue a writ of mandamus or any other
appropriate writ or order directing the 1st
respondent take departmental action against the 9th
respondent after conducting a detailed enquiry in
the light of Ext P12(A) Vigilance report.
(f) Issue any other order as this Hon'ble Court
deems fit and proper in the facts and circumstances
of the case and also those are prayed for during the
pendency of the WP(C).
(G) Order the entire cost of the petitioner from the
respondent." [SIC]
WP(C) Nos.13211 & 20383 OF 2022 7
3. When the above writ petition came up for
consideration, this Court passed an interim order on 7.4.2022,
which is extracted hereunder :
"Admit. Learned Government Pleader takes notice for R1, 2,
3, 4, 5, 6 and 7.
Issue notice to respondents 8 and 9 by speed post or by e-
mail.
Learned Standing Counsel takes notice for R10.
There will be an interim direction to R4 to consider and pass
orders on Exts P8 and P8A applications within a period of two
months from the date of receipt of a copy of this order."
4. As directed by this Court, Exts.P8 and P8 (a) in the
above writ petition was considered and orders are passed. Those
orders are challenged in W.P.(C.) No. 20383/2022. Exts.P11 and
P11(a) are the orders. Admittedly, Exts.P11 and P11(a) are
appealable as per Sec. 27B of the Kerala Conservation of Paddy
Land and Wetland Act, 2008. The counsel for the petitioners
submitted that Exts.P11 and P11(a) orders are unsustainable.
The counsel also submitted that as far as unnotified land is
WP(C) Nos.13211 & 20383 OF 2022 8
concerned, Sec.13 proceedings cannot be initiated. Whatever
that may be, Exts.P11 and P11 (a) orders are appealable. The
petitioners can raise all these contentions before the appellate
authority. The petitioners can be allowed to file an appeal within
a time limit and there can be a direction to the appellate
authority to consider the appeal within a time frame to be fixed
by this Court.
Therefore, these two writ petitions are disposed of with
the following directions :
1) The petitioners are free to challenge Exts.P11 and
P11(a) in W.P.(C.) No. 20383/2022 before the 2 nd
respondent in W.P.(C.) No. 20383/2022 within three weeks
from the date of receipt of a copy of this judgment.
2) Once the appeal as directed above is filed, the 2 nd
respondent will consider the same and pass appropriate
orders in it, in accordance to law, as expeditiously as
possible, at any rate, within one month from the date of
WP(C) Nos.13211 & 20383 OF 2022 9
receipt of a copy of this judgment, after giving an
opportunity of hearing to the petitioners.
3) All the contentions raised in these two writ petitions
are left open.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 13211/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SETTLEMENT DEED NO.
3039/2011 DATED 07/09/2011 WHEREBY THE 1ST
PETITIONER OBTAINED THE PROPERTY.
Exhibit P2 A TRUE COPY OF THE SETTLEMENT DEED
NO.3040/2011 DATED 07/09/2011 WHEREBY THE
2ND PETITIONER OBTAINED THE PROPERTY.
Exhibit P3 A TRUE COPY OF THE DATA BANK IS PUBLISHED
IN KERALA GAZETTE EXTRA ORDINARY IN VOLUME
57 NO. 595/02/GP-19 DATED 24/03/2012.
Exhibit P4 A TRUE COPY OF THE STOP MEMO HAVING
NO.234/19-2 DATED 18/06/2019 BY THE VILLAGE
OFFICER, CHAVARA ISSUED TO THE 1ST
PETITIONER.
Exhibit P4(A) A TRUE COPY OF THE STOP MEMO HAVING NO.
234/19(1) DATED 18/06/2019 BY THE VILLAGE
OFFICER, CHAVARA ISSUED TO THE 2ND
PETITIONER.
Exhibit P5 A TRUE COPY OF THE SAID COMMUNICATION
HAVING NO.234/19(3) DATED 18/06/2019.
Exhibit P6 THE TRUE COPY OF THE MINUTES OF THE LLMC
MET ON 24/07/2019 RECEIVED UNDER RIGHT TO
INFORMATION ACT.
Exhibit P7 A TRUE COPY OF THE COMMUNICATION NO. K
152078/19 DATED 01/01/2020.
Exhibit P8 A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 1ST PETITIONER DATED 08/06/2020.
Exhibit P8(A) A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 2ND PETITIONER DATED 08/06/2020.
Exhibit P9 A TRUE COPY OF THE ORDER NO. KBC 46/17-18
DATED 25/02/2020.
Exhibit P10 A TRUE COPY OF THE COMPLAINT PREFERRED BY
THE 1ST PETITIONER TO LLMC DATED
02/03/2020.
Exhibit P11 A TRUE COPY OF THE DRAFT MINUTES OF LLMC OF
CHAVARA GRAMA PANCHAYAT MET ON 15/06/2020.
Exhibit P12 A TRUE COPY OF THE COMPLAINT DATED
16/06/2020.
Exhibit P12(A) A TRUE COPY OF THE REPORT OF THE VIGILANCE
INSPECTOR HAVING NO. SC. 02/2021/KOLLAM
DATED 07/07/2021 RECEIVED UNDER RIGHT TO
INFORMATION ACT.
Exhibit P13 A TRUE COPY OF THE COMMUNICATION HAVING NO.
KBC 03/2017-18 DATED 29/06/2020.
Exhibit P14 A TRUE COPY OF THE LETTER ADDRESSING THE
PRINCIPAL AGRICULTURE OFFICER DATED
11/06/2020.
Exhibit P15 A TRUE COPY OF THE COMPLAINT DATED
14/07/2020 (WITHOUT ENCLOSURES).
Exhibit P16 A TRUE COPY OF THE SAID COMMUNICATION
HAVING NO. TB(2) 5368/20 DATED 30/07/2020.
Exhibit P17 A TRUE COPY OF THE RELEVANT PAGES OF NOTE
FILES FROM THE 4TH RESPONDENTS OFFICE
PERTAINS TO THE PROPERTY OF THE PETITIONERS
RECEIVED UNDER RIGHT TO INFORMATION ACT
HAVING PAGE NO.9 TO 11.
RESPONDENT'S
NIL
EXHIBITS
APPENDIX OF WP(C) 20383/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED
NO3039/2011 DATED 07.09.2011 WHEREBY THE
1ST PETITIONER OBTAINED THE PROPERTY
Exhibit P2 TRUE COPY OF THE SETTLEMENT DEED
NO3040/2011 DATED 07.09.2011 WHEREBY THE
2ND PETITIONER OBTAINED THE PROPERTY
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE
NOTIFICATION BY THE CHAVARA GRAMA PANCHAYAT
DATED 22.03.2012 WHEREBY THE DATA BANK IS
PUBLISHED IN KERALA GAZETTE EXTRA ORDINARY
IN VOLUME 57 NO. 595/02/GP-49 DATED
24.03.2012
Exhibit P4 TRUE COPY OF THE STOP MEMO HAVING NUMBER
234/19-(2) DATED 18.06.2019 BY THE VILLAGE
OFFICER CHAVARA ISSUED TO THE 1ST
PETITIONER
Exhibit P4A TRUE COPY OF THE STOP MEMO HAVING NUMBER
234/19(1) DATED 18.06.2019 BY THE VILLAGE
OFFICER CHAVARA ISSUED TO THE 2ND
PETITIONER
Exhibit P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
VILLAGE OFFICER TO 4TH AND 6TH RESPONDENTS
HAVING NO.234/19-(3) DATED 18.06.2019
Exhibit P6 TRUE COPY OF THE MINUTES OF THE LLMC MET ON
24.07.2019 RECEIVED UNDER RIGHT TO INFORMATION
ACT
Exhibit P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
3RD RESPONDENT RDO TO THE AGRICULTURAL OFFICER
NO. K-152078/19 DATED 01.01.2020
Exhibit P8 TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED
BY THE 1ST PETITIONER DATED 08.06.2020
Exhibit P8A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED
BY THE 2ND PETITIONER DATED 08.06.2020
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 07.04.2022
IN WP(C) 13211 OF 2022
Exhibit P10 TRUE COPY OF THE REPORT OBTAINED FROM 7TH
RESPONDENT KSREC AS PER LETTER NO. A-
172/2015/KSREC/003442/22 DATED 09.03.2022
Exhibit P11 TRUE COPY OF THE PROCEEDINGS ISSUED BY 3RD
RESPONDENT RDO TO THE 1ST PETITIONER HAVING NO.
A-242188/20 DATED 01.06.2022
Exhibit P11A TRUE COPY OF THE PROCEEDINGS ISSUED BY 3RD
RESPONDENT RDO TO THE 2ND PETITIONER HAVING NO.
A-242187/20 DATED 01.06.2022
Exhibit P12 TRUE COPY OF THE NOTICE ISSUED BY 2ND
RESPONDENT COLLECTOR TO THE PETITIONERS U/S
SEC. 13 OF KERALA CONSERVATION OF PADDY LAND
AND WETLAND ACT 2008 DATED 06.03.2020 HAVING
FILE NO. DCKLM/3191/2020-L10
Exhibit P13 TRUE COPY OF THE ARGUMENT NOTE OF PETITIONERS
DATED 18.03.2020
