Martin Joseph vs District Collector
2022 Latest Caselaw 8723 Ker

WP(C) NO. 15920 OF 2022                 1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                          WP(C) NO. 15920 OF 2022
PETITIONER/S:

      1        MARTIN JOSEPH,
               AGED 43 YEARS
               S/O. JOSEPH JOHN,NECHIKATTU HOUSE, PALAI P.O.,
               KOTTAYAM 686 575.

      2        JOSEPH GIL,
               AGED 45 YEARS
               S/O. JOSEPH JOHN,NECHIKATTU HOUSE, PALAI P.O.,
               KOTTAYAM 686 575.

               BY ADV GIKKU JACOB



RESPONDENT/S:

      1        DISTRICT COLLECTOR,
               COLLECTORATE, KOTTAYAM 686 002.

      2        TAHASILDAR (LR),
               MEENACHIL TALUK, PALA P.O., KOTTAYAM 686 575.

      3        VILLAGE OFFICER,
               MEENACHIL VILLAGE OFFICE, PALA P.O., KOTTAYAM 686
               575.

      4        REVENUE DIVISIONAL OFFICER,
               REVENUE TOWER, PALA P.O., KOTTAYAM 686 575.

      5        JOSE J. NECHIKATTU,
               S/O. JOHN JOSEPH, NECHIKATTU HOUSE, PALAI P.O.,
               KOTTAYAM 686 575.

              BY ADVS.
 WP(C) NO. 15920 OF 2022                       2


              TOM JOSE (PADINJAREKARA)
              K.T.SEBASTIAN
              SHIBU JOSEPH



OTHER PRESENT:

               SMT.DEEPA NARAYANAN, SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15920 OF 2022                     3




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C) No.15920 of 2022
                      --------------------------------------
                  Dated this the 7th day of July, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"(i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent consider and take action on Ext.P18 and 4th respondent to consider and take action on and Ext.P19 and stop illegal reclamation of land by the 5th respondent.

(ii) Issue such other writ or order or direction as this Honourable Court may deem fit and necessary, in the circumstances of the case, in the interest of justice." [SIC]

2. The main prayer in this writ petition is to consider

Exts.P18 and P19 by respondent Nos. 3 and 4.

3. The learned Government Pleader submitted that

Ext.P18 is already considered and a proceeding is prepared by

the Village Officer. If that is the case, the Village Officer will

give an opportunity of hearing to the petitioners and pass

appropriate orders in Ext.P18 with notice to the 5th

respondent. As far as Ext.P19 is concerned, the petition is

pending before the 4th respondent. The counsel for the 5th

respondent submitted that the averments in Ext.P19 is

absolutely incorrect. There is no direction from this Court in

W.P.(C.) No. 18528/2019 as stated in Ext.P19. The 5 th

respondent is free to raise this contention before the 4 th

respondent at the time of hearing. The 4 th respondent will

conduct a hearing based on Ext.P19 with notice to the

petitioners and the 5th respondent and take appropriate action

in accordance to law.

Therefore, this writ petition is disposed of with the

following directions :

1) The 3rd respondent is directed to consider Ext.P18 and

pass appropriate orders in it, after giving an opportunity

of hearing to the petitioners and the 5th respondent as

expeditiously as possible, at any rate, within one month

from the date of receipt of a copy of this judgment.

2) The 4th respondent is directed to consider and pass

appropriate orders in Ext.P19 after giving notice to the

petitioners and the 5th respondent as expeditiously as

possible, at any rate within one month from the date of

receipt of a copy of this judgment.

3) All the contentions raised by the petitioners and the 5 th

respondent in this writ petition are left open.

4) The petitioners will produce a copy of this writ petition

along with a certified copy of this judgment to the 3 rd and

4th respondents for compliance.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 15920/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 6.6.2019 ISSUED BY THE MEENACHIL VILLAGE OFFICER.

Exhibit P2 TRUE COPY OF THE B.T.R. ISSUED FROM VILLAGE OFFICE, MEENACHIL.

Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF SETTLEMENT REGISTER MAINTAINED BY THE CENTRAL SURVEY DEPARTMENT, THIRUVANANTHAPURAM.

Exhibit P4 TRUE COPY OF THE SURVEY PLAN ISSUED FROM THE SURVEY AND LAND RECORDS DEPARTMENT, THIRUVANANTHAPURAM, SHOWING THE LIE OF THE PROPERTIES. IN SURVEY NO. 851/2 BELONGS TO THE IST RESPONDENT AND PROPERTY IN SURVEY NO. 851/3 BELONG TO THE PETITIONERS.

Exhibit P5 TRUE COPY OF THE REPORT DATED 17.6.2019 OF THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE PETITION DATED 24.6.2019 FILED BEFORE THE 3RD RESPONDENT UNDER SECTION 18 OF THE LAND TAX ACT.

Exhibit P7 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 31.10.2019 FILED BY THE 2ND RESPONDENT IN WPC NO. 18528 OF 2019.

Exhibit P8 TRUE COPY OF THE JUDGEMENT DATED 10.12.2019 IN WPC NO. 18528 OF 2019 OF THE HONOURABLE COURT.

Exhibit P9 TRUE COPY OF THE NOTICE DATED 29.12.2020 ISSUED BY 2ND RESPONDENT TO ALL PARTIES CONCERNED TO FILE OBJECTION IN CORRECTING THE MISTAKE IN RE- SURVEY.

Exhibit P10 TRUE COPY OF THE ORDER DATED 23.06.2020 REJECTING APPLICATION FILED BY DEPUTY GENERAL MANAGER, INDIAN OIL CORPORATION FOR NOC.

Exhibit P11 TRUE COPY OF THE COMMON JUDGEMENT DATED 25.08.2020 IN WPC NO. 16318 OF 2020 AND WPC NO. 17184 OF 2020 OF THIS HONORABLE COURT.

Exhibit P12 TRUE COPY OF THE ORDER DATED 22.02.2021 BY ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM, 2ND RESPONDENT THERE IN REJECTED THE APPLICATION FILED BY DEPUTY GENERAL MANGER INDIAN OIL CORPORATION FOR NOC FOR THE 2ND TIME.

Exhibit P13 TRUE COPY OF THE ORDER DATED 9.8.2021 IN CONT. COSE (C0 NO. 1186/2021.

Exhibit P14 TRUE COPY OF THE PROCEEDINGS NO. D7-

6473/2021DATED 01.09.2021 BY 2ND RESPONDENT RECALLED AND SET ASIDE EXHIBIT P-13 NOTICE.

Exhibit P15 TRUE COPY OF THE ORDER DATED 02.03.2022 IN IA. NO. 1 OF 2022 IN CON.CASE (C) NO. 1186/2021.

Exhibit P16 TRUE COPY OF THE PLAINT IN O.S. NO.

159/2011 BEFORE THE MUNSIFFS COURT, PALA FILED BY THE 5TH RESPONDENT.

Exhibit P17 TRUE COPY OF THE PLAINT IN O.S. NO.

31/2013 BEFORE THE MUNSIFFS COURT, PALA FILED BY THE 5TH RESPONDENT.

Exhibit P18 TRUE COPY OF THE PETITION DATED 30.04.2022 BEFORE THE 3RD RESPONDENT VILLAGE OFFICER.

Exhibit P19 TRUE COPY OF THE PETITION DATED 30.4.2022 BEFORE THE 4TH RESPONDENT R.D.O.

Exhibit P19 (A) TRUE COPY OF THE ACKNOWLEDGEMENT FOR EXHIBIT P 19.

RESPONDENT EXHIBITS

Exhibit R 5 a True copy of the complaint dated 06.06.2019 by the petitioner marked as Exhibit R 5 a.

Exhibit R 5 b True copy of the contempt petition dated 09.04.2021 excluding the exhibits R 5 b.

Exhibit R 5 c True copy of the order dated 07.04.20222 in Contempt proceedings No. 1186 of 2021 R 5 c.

Exhibit R 5 d True copy of the NOC dated 28.05.2022 R 5 d.