Kerala High Court

P.Gopalakrishna Pillai vs District Collector on 8 June, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                        WP(C) NO. 11741 OF 2022
PETITIONER:

          P.GOPALAKRISHNA PILLAI
          AGED 72 YEARS
          S/O. LATE PARAMESWARAN PILLAI B-17, UTHRADAM S.S KOVIL
          LANE, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695 003,
          PHONE 9447221759
          BY ADV P.GOPALAKRISHNA PILLAI(Party-In-Person)


RESPONDENTS:

    1     DISTRICT COLLECTOR
          CIVIL STATION, ALAPPUZHA, PIN - 688 012
    2     REVENUE DIVISIONAL OFFICER, CHENGANNUR
          PIN - 689 121
    3     LOCAL LEVEL MONITORING COMMITTEE
          MUTHUKULAM GRAMA PANCHAYAT, REPRESENTED BY
          PRESIDENT/CHAIR PERSON OF MUTHUKULAM GRAMA PANCHAYAT,
          PIN - 690 506
    4     AGRICULTURE OFFICER
          MUTHUKULAM KRISHI BHAVAN, PIN - 690 506
    5     VILLAGE OFFICER
          MUTHUKULAM VILLAGE, PIN - 690 506
          SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11741 OF 2022
                                      2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 11741 of 2022
      ----------------------------------------------
       Dated this the 08th day of June, 2022

                           JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Call for the records leading to Exhibit P13 and issue a writ of certiorari to quash the inclusion of petitioner's property as Paddy land in Exhibit P13 in the light of Exhibit P19 judgment of this Hon'ble court in W.P.(C) No.8839/17;

(ii) Issue a writ of mandamus or appropriate writ, order or directive directing the respondents to take decision on Exhibit P13 to P18 within a time limit this Hon'ble is pleased to fix pending disposal of this writ petition;

(iii) To issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 1st and 2nd respondents to consider Exhibit P5 application under the Kerala Land Utilisation Order and to issue consequential orders permitting the conversion of the petitioner's properties comprised in Re Sy No.508/1, 508/2, 508/8, 877/2, 877/3, 877/5 and 877/7 in Muthukulam Village of Karthikappally Thaluk in Alappuzha District;

(iv) Issue an order or enquiry against respondent 3, 4, 5 for Purposefully included petitioners property as Paddy Land against the WP(C) NO. 11741 OF 2022

provisions of the Paddy Land and Wet Land Act and have submitted report by respondent 4 in Exhibit P9 against facts and also for inordinate delay resulted.

(v) Issue a writ of mandamus or any other writ order or direction commanding respondent 3, 4, 5 to give a compensation of Rs.5 lakhs towards mental agony and pain suffered by the petitioner on account of inordinate delay in disposing of Form "5" and Form "6" applications pass.

(vi) Pass such other and further orders as this Hon'ble Court deems fit and proper to grand in the interest of justice."[SIC]

2. The main prayer in the writ petition is for a

time limit to dispose of Exts.P14 and P15. The petitioner

submitted that, he will be satisfied, if a direction is issued

to consider Exts.P14 and P15. Thereafter, consequential

order may be directed to be passed, is the submission. I

also heard the learned Government Pleader.

3. After hearing both sides, I think this writ

petition can be disposed of directing the 2nd respondent

to consider Exts.P14 and P15, within a time frame. The

other contentions in the writ petition can be left open.

Therefore this writ petition is disposed of in the

following manner:

WP(C) NO. 11741 OF 2022

i. The 2nd respondent is directed to consider and

pass orders on Exts.P14 and P15, as expeditiously as

possible, at any rate, within a period of two months

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

ii. Based on the decision in Exts.P14 and P15, the 2 nd

respondent will pass consequential orders based on the

applications submitted by the petitioner.

iii. All other contentions raised by the petitioner in

this writ petition are left open.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 11741 OF 2022

APPENDIX OF WP(C) 11741/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LATEST TAX RECEIPT OF PROPERTIES IN RE SY NO. 877/2, 8773/3, 877/5 EXHIBIT P2 TRUE COPY OF THE LATEST TAX RECEIPT OF PROPERTIES IN RE SY NO 508/1, 508/2 AND 877/7 EXHIBIT P3 TRUE COPY OF THE LATEST TAX RECEIPT OF PROPERTIES IN RE SY NO 508/8 EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK APPROVED BY L.L.M.C OF MUTHUKULAM GRAMA PANCHAYATH ON 30-12- 2010 AND GIVEN FOR PUBLICATION ON

EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 14-1-2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P6 A TRUE COPY OF THE REPORT DATED 30-

                  11-2016    SUBMITTED BY   THE   5TH
                  RESPONDENT
EXHIBIT P7        TRUE   COPY   OF    THE   G.O(P0   NO.

4592/2017/REVENUE DATED 31-10-2017 ISSUED BY THE REVENUE DEPARTMENT EXHIBIT P8 A TRUE COPY OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND (AMENDMENT) RULES, 2017 EXHIBIT P9 A TRUE COPY OF THE APPLICATION DATED 26-08-2017 SUBMITTED BY THE PETITIONER BEFORE THE LLMC EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 19-03-2020 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 3RD RESPONDENT.

EXHIBIT P10A A TRUE COPY OF THE REPRESENTATION WP(C) NO. 11741 OF 2022

DATED 19-03-2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P10B A TRUE COPY OF THE REPRESENTATION DATED 24-4-2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT EXHIBIT P11 A TRUE COPY OF PROCEEDINGS OF THE STATE INFORMATION COMMISSIONER DATED 23-02-2021 EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 4-8-

2015 OF THE SECRETARY OF MUTHUKULAM GRAMA PANCHAYAT EXHIBIT P13 A TRUE COPY OF THE DATA BANK PUBLISHED IN K.G.E DATED 22-1-2021 EXHIBIT P14 A TRUE COPY OF FORM 5 APPLICATION DATED 26-2-2021 SUBMITTED BY THE PETITIONER.

EXHIBIT P15 A TRUE COPY OF THE FORM 6 APPLICATION DATED 30-06-2020 SUBMITTED BY THE PETITIONER WITH RESPECT TO THE PROPERTIES COMPRISED IN RE-SY NO 877/2, 877/3, 877/5 AND 877/7 EXHIBIT P16 A TRUE COPY OF THE FORM 6 APPLICATION DATED 20-12-2021 SUBMITTED BY THE PETITIONER WITH RESPECT TO THE PROPERTIES COMPRISED IN RE-SY NO.

EXHIBIT P17 A TRUE COPY OF THE FORM 6 APPLICATION DATED 15-12-2021 SUBMITTED BY THE PETITIONER WITH RESPECT TO THE PROPERTIES COMPRISED IN RE- SY NO

EXHIBIT P18 A TRUE COPY OF THE RECEIPT OF PAYMENT UNDER FORM 6 APPLICATION DATED NIL SUBMITTED BY THE PETITIONER WITH RESPECT TO THE PROPERTIES COMPRISED IN RE-SY NO 508/1 EXHIBIT P19 A TRUE COPY OF THE JUDGMENT DATED 28- WP(C) NO. 11741 OF 2022

09-2021 IN W.P(C) NO. 5839/2017 ON THE FILES OF THIS HON'BLE COURT EXHIBIT P20 TRUE COPY OF THE LETTER DATED 11.01.2016 RECEIVED BY THE 1ST RESPONDENT CONTAINING THE LAST PAGE OF EXHIBIT-P5 EXHIBIT P21 TRUE COPY OF THE REPLY RECEIVED FROM 1ST RESPONDENT DATED 20.08.2021 STATING THAT NO.DECISION HAS BEEN TAKEN FOR THE REQUEST SO FAR.

EXHIBIT P22 TRUE COPY OF THE LETTER DATED 20.12.2021 WITH ORDERS OF THE 2ND RESPONDENT TO 4TH RESPONDENT BEARING NO.32/2021.

EXHIBIT P23 TRUE COPY OF THE LETTER DATED 20.12.2021 WITH ORDER OF THE 2ND RESPONDENT BEARING NO.EC NO.933/2021. EXHIBIT P24 TRUE COPY OF THE LETTER NO.TA(2) 8947/2020 DATED 15.03.2021 FROM THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM.

EXHIBIT P25 TRUE COPY OF THE FORM 6 APPLICATION 28.02.2022 SUBMITTED TO THE 2ND RESPONDENT FOR WHICH EXHIBIT -P18 RECEIPT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE