Michel T J vs The District Collector
2022 Latest Caselaw 8861 Ker

                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. 26561 OF 2021
PETITIONER:

            MICHEL T J.,
            AGED 70 YEARS
            S/O. JOHN, THAIPPARAMBIL HOUSE, MARUVAKKADU, CHELLANAM
            ERNKAULAM - 682 008.
            BY ADVS.
            SHERRY J. THOMAS
            JOEMON ANTONY


RESPONDENTS:

    1       THE DISTRICT COLLECTOR,
            COLLECTORATE, CIVIL STATION, KAKKANADU,
            ERNAKULAM - 682 030.
    2       THE REVENUE DIVISIONAL OFFICER,
            IST OFFICER, KB JACOB ROD, FORT KOCHI, KOCHI - 682 001.
    3       THE DISTRICT LEVEL MONITORING COMMITTEE
            IST OFFICER, K.B JACOB ROAD, FORT KOCHI, KOCHI 682 001
            REPRESENTED BY ITS CONVENER, PRINCIPAL AGRICULTURE
            OFFICER - 682 001.
    4       THE LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY ITS CONVENOR, KRISHI BHAVAN, CHELLANM,
            KOCHI , KERALA - 682 008.
    5       AGRICULTURAL OFFICER,
            KRISHI BHAVAN, CHELLANAM, KOCHI, KERALA 682 008.
    6       THE VILLAGE OFFICER,
            CHELLANAM VILLAGE OFFICE, ERNAKULAM - 682 008.
            SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

     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. 26561 OF 2021
                                 2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 26561 of 2021
      ----------------------------------------------
        Dated this the 07th day of July, 2022


                        JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) Call for the records pertaining to item No.I(a) in Ext.P3 Order and set aside the same.

(ii) Issue a Writ of Mandamus or any other Writ or direction, directing the 2nd and 3rd Respondents to consider Exhibit P6 petition and allow the Petitioner to reclaim 4.04 Ares of property in Survey No.273/19 in Block No.15 of Chellanam Village by providing proper water conservation proceedings.

(iii) Issue a writ of mandamus, directing the 4 th Respondent Local Level Monitoring Committee, to reconsider the request of the Petitioner to convert 4.04 Ares of property in Survey No.273/19 in Block No.15 of Chellanam Village by providing proper water conservation proceedings.

(iv) Such other relief's that this Honourable Court may deem fit and proper to grant, in the interest of justice.

(v) Provide cost of the proceedings."[SIC]

2. When this writ petition came up for WP(C) NO. 26561 OF 2021

consideration on 05.04.2022, this Court passed the

following order:

"There will be an interim direction to the 4 th respondent to forward the application in Form No.1 submitted by the petitioner to the 3 rd respondent headed by the 2nd respondent within three weeks from today. On receipt of the Form No.1 application, the 3 rd respondent shall consider the same in accordance with law and pass order within six weeks therefrom."

3. The learned Government Pleader submitted

that, since a report is necessary from the 4 th respondent

as required by the 3rd respondent, there was some delay

in disposing Form No.1 application.

4. Considering the facts and circumstances of the

case, I think this writ petition itself can be disposed of

directing the 3rd respondent to consider Form No.1

application, within two weeks.

Therefore, this writ petition is disposed of in the

following manner:

i. The 3rd respondent is directed to consider

Form No.1 application and pass appropriate orders in

it, as expeditiously as possible, at any rate, within a WP(C) NO. 26561 OF 2021

period of two weeks from the date of receipt of a

copy of this judgment.

ii. All other contentions raised by the

petitioner in this writ petition are left open.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 26561 OF 2021

APPENDIX OF WP(C) 26561/2021

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PENSION BOOK ISSUED FROM FISHERIES DEPARTMENT. EXHIBIT P1 A THE TRUE COPY OF THE CERTIFICATE DATED 9.5.2018 ISSUED BY THE 6TH RESPONDENT VILLAGE OFFICER. EXHIBIT P1 B THE TRUE COPY OF THE LETTER DATED 11.5.2018 ISSUED BY THE KUMBALANGI VILLAGE OFFICER.

EXHIBIT P1 C THE TRUE COPY OF THE LETTER DATED 11.5.2018 ISSUED BY PALLURUTHY VILLAGE OFFICER.

EXHIBIT P2 THE TRUE COPY OF THE BASIC TAX RECEIPT OF THE ABOVE SAID PROPERTY DATED 7.1.2021.

EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGE OF REPORT DATED 1.6.2019.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN WPC NO. 31481/2018 DATED 22.10.2018. EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 2.7.2020 OF THE DISTRICT COLLECTOR, EXHIBIT P6 THE TRUE COPY OF THE PETITION SUBMITTED TO THE REVENUE DIVISIONAL OFFICER DATED 19.3.2021.

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE