Kerala High Court
Santha vs State Of Kerala on 25 August, 2022
WP(C) NO. 15772 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 15772 OF 2021
PETITIONER/S:
SANTHA
AGED 69 YEARS
D/O CHELLAMMA, VISHNU BHAVAN,
ARYAPPALLI, MANATHOTTAM, VELLARADA.P.O,
NEYYATTINKARA,
THIRUVANANTHAPURAM -695505.
BY ADV A.S.SHAMMY RAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT
OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM DISTRICT, CIVIL STATION,
KUDAPPANAKUNNU.P.O,
THIRUVANANTHAPURAM-695043.
3 DISTRICT LEVEL AUTHORISED COMMITTEE, REPRESENTED BY
ITS CHAIRMAN, THIRUVANANTHAPURAM REVENUE DIVISION,
CIVIL DIVISION, KUDAPPANAKUNNU P.O.,
THIRUVANANTHAPURAM-695043.
4 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS
CONVENER, OFFICE OF THE AGRICULTURAL OFFICER, KRISHI
BHAVAN, VELLARADA.P.O,
WP(C) NO. 15772 OF 2021 2
THIRUVANANTHAPURAM-695505.
5 THE AGRICULTURAL OFFICER,
VELLARADA KRISHI BHAVAN, VELLARADA.P.O,
NEYYATTINKARA,
THIRUVANANTHAPURAM -695505.
6 VILLAGE OFFICER,
VELLARADA VILLAGE, VELLARADA.P.O, NEYYATTINKARA,
THIRUVANANTHAPURAM-695505.
7 VELLARADA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, VELLARADA PANCHAYATH
OFFICE, VELLARADA.P.O,
NEYYATTINKARA, THIRUVANANTHAPURAM-6955O5.
8 DOLLY MOHANDAS @ DOLLY METTILBHAI,
W/O MOHANDAS, SUNAMA NIVAS, ANAPPARA, VELLARADA.P.O,
NEYYATTINKARA,
THIRUVANANTHAPURAM -695505.
9 JINSY MOL,
D/O ROSE MARY, KARIMAROM HOUSING COLONY,
VELLARADA.P.O, NEYYATTINKARA,
THIRUVANANTHAPURAM-695505.
BY SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15772 OF 2021 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C) No.15772 of 2021
--------------------------------------
Dated this the 25th day of August, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i) That a writ of certiorari or other order be passed,
setting aside Exhibit-P3 order;
ii) That a writ of mandamus or other order be passed,
directing the 2nd respondent to conduct an enquiry against
the respondents 4 to 7 for the flagrant violation of law in
granting Exhibits-P3, P4 and P5 orders, and to take action
against respondents 4 to 7;
iii) That a writ of mandamus or other order be passed,
directing the 2nd respondent to conduct an enquiry and to
pass orders on Exhibit-P13 complaint;
iv) That a writ of mandamus or other order be passed,
directing the 4th respondent to remove the petitioner's
property, namely 10 Cents in Survey No.553/11-1-1 of
Vellarada Village, from the Draft Data Bank;
v) That a writ of mandamus or other order be passed,
directing the 4th respondent to recommend Exhibit-P18
application to the 3rd respondent, under Section 5(3) (i) of
the Act;
And
vi) Grant such other and further reliefs, as that are
appropriate and incidental to this Writ Petition." [SIC]
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that he will be
satisfied if a direction is issued to the Revenue Divisional
Officer to consider and pass appropriate orders in Ext.P19
application within a time frame.
3. Heard the learned Government Pleader also. Even
though service to 9th respondent is not complete, since the
limited prayer is only to consider Ext.P19 application, the writ
petition can be disposed of directing the 3 rd respondent-RDO
to consider Ext.P19 after giving an opportunity of hearing to
the petitioner and other affected parties.
Therefore, this writ petition is disposed of with the
following directions :
1) The 3rd respondent is directed to consider and pass
appropriate orders in Ext.P19 as expeditiously as
possible, at any rate, within three months from the
date of receipt of a copy of this judgment.
2) Before passing final orders, the 3 rd respondent will
give an opportunity of hearing to the petitioner and
other affected parties.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 15772/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.525/2017
DATED 23.5.2017.
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
29.5.2017 ISSUED FROM VILLAGE
OFFICE,VELLARADA.
Exhibit P3 TRUE COPY OF THE MINUTES DATED 17.9.2015
OF THE MEETING HELD BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE
DATED 3.10.2015 ISSUED BY THE 7TH
RESPONDENT TO THE 8TH RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER DATED 30.11.2015 OF
THE 7TH RESPONDENT GRANTING BUILDING
NUMBER TO THE 8TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 28.6.2017.
Exhibit P7 TRUE COPY OF THE CONSENT LETTER DATED
28.7.2017 GIVEN TO THE PETITIONER.
Exhibit P8 TRUE COPY OF THE ORDER DATED 15.9.2017
ISSUED BY THE 5TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE REPORT PREPARED BY THE
CHIEF TOWN PLANNER,LOCAL SELF GOVERNMENT
DEPARTMENT, DATED 24.10.2018.
Exhibit P10 TRUE COPY OF THE LETTER DATED
23.11.2018,ISSUED BY THE ADDITIONAL CHIEF
SECRETARY TO THE 7TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
9.5.2019, SUBMITTED BEFORE THE 2ND
RESPONDENT.
Exhibit P12 TRUE COPY OF THE REPORT AND PLAN PREPARED
BY THE 6TH RESPONDENT DATED 23.5.2019.
Exhibit P13 TRUE COPY OF THE COMPLAINT FILED BEFORE
THE 2ND RESPONDENT DATED 21.8.2019.
Exhibit P14 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT.
Exhibit P15 TRUE COPY OF THE PLAINT IN
O.S.NO.421/20121 ON THE FILE OF MUNSIFF
COURT,NEYYATTINKARA.
Exhibit P16 TRUE COPY OF THE EX-PARTE INTERIM
INJUNCTION ORDER DATED 29.6.2021 IN
O.S.NO.421/2021 ON THE FILE OF MUNSSIFF
COURT,NEYYATTINKARA.
Exhibit P17 TRUE COPY OF THE DRAFT DATA BANK, ISSUED
UNDER RIGHT TO INFORMATION ACT ON
26.8.2019.
Exhibit P18 TRUE COPY OF THE APPLICATION DATED
13.7.2021 FILED BEFORE THE 4TH RESPONDENT,
ALONG WITH ITS POSTAL RECEIPT.
Exhibit P19 TRUE COPY OF THE APPLICATION DATED
4.10.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT IN FORM NO.5
