Ajitha Kumari S vs State Of Kerala
2022 Latest Caselaw 9692 Ker

W.P.(C) No.23980/2021                    1




                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

               FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944

                              WP(C) NO. 23980 OF 2021

PETITIONER:

               AJITHA KUMARI S
               AGED 48 YEARS
               W/O JOY THOMAS (LATE), RESIDING AT JOSHNA DALE , PUNNATHAL NORTH
               49, THIRUMALLAVARAM P.O.KOLLAM-691 012.
               BY ADVS.
               V.HARISH
               RAJAN VISHNURAJ


RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     2         DISTRICT COLLECTOR,
               COLLECTORATE, KAANKATHU MUKKU, KOLLAM-691 013.
     3         KOLLAM MUNICIPAL CORPORATION,
               MUNICIPAL CORPORATION OFFICE, NH 66, NEAR RAILWAY STATION, STADIUM
               BACK ROAD, KARBALA, KOLLAM-691 001, REPRESENTED BY ITS SECRETARY.
     4         SECRETARY,
               KOLLAM MUNICIPAL CORPORATION, MUNICIPAL CORPORATION OFFICE, NH 66,
               NEAR RAILWAY STATION, STADIUM BACK ROAD,KARBALA, KOLLAM-691 001.
  ADDL.R5      TAHSILDAR,
               KOLLAM TALUK, VHRM+9G9, TALUK KACHERY, KOLLAM,
               KERALA 691 001.
     6         VILLAGE OFFICER,
               KOLLAM WEST VILLAGE, VHRM+5G2, TALUK KACHERY, KOLLAM, KERALA 691
               001.                                     (ADDL.R5&R6 ARE IMPLEADED
               AS PER ORDER DATED 10/12/2021 IN IA.NO.1/2021 IN WP(C)23980/2021)
               BY ADVS.
               R1, R2, R5 & R6 BY SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER
               R3 & R4 BY SHRI.S.SREEKUMAR (KOLLAM), SC, KOLLAM MUNICIPAL
               CORPORATION




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.23980/2021                       2




                                    JUDGMENT

Dated this the 26th day of August, 2022

This writ petition is filed by the petitioner seeking the following reliefs:

(i) Declare that the 3rd and 4th respondents are duty bound to protect the pond in Re-Sy No. 15 Block No-281(old Sy no. 6246) having an extent of 17.23 Ares of Kollam West Village in the public ownership,

(ii) Issue a writ of mandamus or any other appropriate writ or direction directing the 3rd and 4th respondents to take effective steps to restore the converted pond in Re. Sy No. 15 Block No-281(old Sy no. 6246) of Kollam West Village having an extent of 17.23 Ares to its original ecology.

(iii) Issue a writ of mandamus or or any other appropriate writ or direction a directing the 1st and 2nd respondents to take appropriate action in Exhibit P8 representation after affording an opportunity of being heard to the petitioner or her authorized representative;

(iv) Issue a writ of mandamus or any other appropriate writ or direction directing the 1st respondent to initiate proceedings under the Kerala Land Conservancy Act, 1957 against the 3rd and 4th respondents.

(v) Pass such any other order, direction or reliefs as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience.

2. The basic contentions put forth by the petitioner is that on the northern

side of petitioner's property is the land comprised in re-survey No.15, block

No.281, measuring 17.23 Ares, is a pond, which is also described as poramboke

pond in the revenue record and Basic Tax Register. According to the petitioner,

a small portion of land in the southern portion of the said pond is a poramboke

land which is in the undisputed possession of the petitioner and the

predecessors-in-interest of the petitioner's property for more than 100 years.

3. The grievance highlighted by the petitioner is that though Kollam

Municipal Corporation has spent substantial amounts to repair and rejuvenate

the pond, now the Municipal authorities have started action in order to fill up the

pond, which would cause serious ecological and other environmental problems to

the people residing in the nearby areas. Even though various contentions are

raised and various other reliefs are sought, learned counsel for the petitioner

submitted that it would suffice, if a direction is given to the District Collector to

consider Exhibit P8 representation submitted before the Principal Secretary,

Department of Revenue, State of Kerala with a copy to the District Collector

dated 8.10.2021.

4. A statement is filed by the Kollam Municipal Corporation refuting the

allegations and claims and demands raised by the petitioner.

5. Anyhow, since the petitioner is confining her relief to consideration of

Exhibit P8 representation, there is no need to delve deep into the statement filed

by the Corporation and its Secretary.

6. Therefore, after having heard learned counsel for the petitioner Sri. Harish

Vasudevan, learned standing counsel for Kollam Corporation Sri.S.Sreekumar

(Kollam), this writ petition is disposed of directing the District Collector - the 2 nd

respondent, to consider Exhibit P8 representation, in accordance with law and

attain finality, at the earliest, and at any rate, within two months from the date of

receipt of a copy of the judgment, after providing a notice of hearing to the

petitioner and all other interested persons. When the matter was admitted to the

files of this Court on 3.11.2021, an interim order was passed by this Court directing

to maintain status quo as on the said date with regard to the property in question ;

the said order will continue to be in force for a period of two months.

Sd/-

                                                   SHAJI P.CHALY

smv                                                      JUDGE





                        APPENDIX OF WP(C) 23980/2021

PETITIONER EXHIBITS
Exhibit P1              A TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 9.8.2018

PERTAINING TO THE PETITIONERS PROPERTY IN RE-SY NO 24 BLOCK NO 281.

Exhibit P2 A TRUE PHOTOCOPY OF THE BASIC TAX REGISTER OF KOLLAM WEST VILLAGE EVIDENCING THE PROPERTY IN RE.SY NO 15 BLOCK NO-281 IS A POND HAVING AN EXTENT OF 17.23 ARES UNDER THE OWNERSHIP OF THE GOVERNMENT Exhibit P3 A TRUE PHOTOCOPY OF THE RTI APPLICATION PREFERRED BY MRS. LILLY ON 19.10.2015 Exhibit P4 A TRUE PHOTOCOPY OF THE LETTER NO PW9/57713/2015 DATED 18.11.2015 ALONG WITH THE RELEVANT PAGE OF THE ASSET REGISTER ISSUED BY THE 3RD RESPONDENT Exhibit P5 A TRUE PHOTOCOPY OF THE COMMUNICATION NO D.19181/2018 DATED 1.11.2018 ISSUED BY THE SUB COLLECTOR, KOLLAM TO THE 4TH RESPONDENT Exhibit P6 A TRUE PHOTOCOPY OF THE SURVEY SKETCH PREPARED BY THE TALUK SURVEYOR, KOLLAM Exhibit P7 TRUE COLOR COPY OF THE PHOTOGRAPHS OF THE CONSTRUCTION WORKS BEING CARRIED OUT IN THE POND PURAMBOKE LAND Exhibit P8 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 8.10.2021 PREFERRED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENTS