Cheriyan Ashram Holistic Centre vs The District Collector
2022 Latest Caselaw 6746 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                     WP(C) NO. 30246 OF 2021
PETITIONER/S:

            CHERIYAN ASHRAM HOLISTIC CENTRE
            REP. BY A.J. JOHN, MANARCADE VILLAGE, RUBBER
            BOARD, KOTTAYAM 686 009.
            BY ADVS.
            JACOB THOMAS VELLUKUNNEL
            VPK.PANICKER


RESPONDENT/S:

    1       THE DISTRICT COLLECTOR,
            COLLECTORATE, KOTTAYAM, 686 001.
    2       THE REVENUE DIVISIONAL OFFICER,
            MINI CIVIL STATION, KOTTAYAM, 686 002.
    3       TAHSILDAR (L.R),
            DISTRICT COLLECTORATE, KOTTAYAM, 686 002.
    4       THE MANARCADU GRAMA PANCHAYATH ,
            REP. BY ITS SECRETARY, MANARCADU, KOTTAYAM, 686
            019.
    5       K.A. ABRAHAM,
            AGED 50 YEARS
            S/O. CHACKO, KUNNUKIZHIYIL HOUSE, MANARCADE
            P.O., KOTTAYAM 686 019.
            BY ADVS.
            GEORGE SEBASTIAN
            PRANOY K.KOTTARAM


OTHER PRESENT:

            SMT.DEEPA NARAYANAN, SR.GP
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   14.06.2022,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                        -2-
W.P.(C) No.30246 of 2021



                             P.V.KUNHIKRISHNAN, J.
                              ======================================================

                               W.P.(C) No. 30246 of 2021
                           =============================================================

                     Dated this the 14th day of June, 2022

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i. Issue a writ in the nature of certiorari or such other appropriate writ, order or direction quashing Exhibit p9 and Exhibit p10 orders passed by the 3 rd and 4th respondents, respectively.

ii. To issue a writ in the nature of mandamus or such other appropriate writ, order or direction commanding the 2 nd respondent to pass an order in the appeal filed.

iii. To grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

iv. To award costs to the petitioner."(sic)

2. The main grievance of the petitioner is against Ext.P9

order passed by the Tahsildar (LR) by which the nature of the land

is changed. According to the petitioner, Ext.P9 order is passed

without giving an opportunity of hearing to the petitioner.

Consequent to Ext.P9, the Panchayat directed the petitioner to

W.P.(C) No.30246 of 2021

stop the work based on the building permit issued to him. Hence,

this writ petition is filed.

3. Heard the counsel for the petitioner, the learned

Government Pleader and the counsel appearing for the 5th

respondent.

4. The counsel for the petitioner reiterated his contentions

in the writ petition. On the other hand, the Government Pleader

submitted that sufficient opportunity was given to the petitioner

before passing Ext.P9 order and there were three posting dates for

hearing, i.e., 26.04.2021, 21.05.2021 and 22.09.2021. The

Government Pleader also submitted that the petitioner appeared on

22.09.2021 and submitted written arguments. The counsel for the

5th respondent also supported the contentions of the Government

Pleader. The counsel for the petitioner disputes the same. The

counsel submitted that the petitioner actually requested to wait till

WP(C) No.18727 of 2021, which is pending before this Court, is

W.P.(C) No.30246 of 2021

disposed of. The counsel submitted that Ext.P9 order is illegal

and unsustainable.

5. This Court considered the contentions of the petitioner

and the respondents. The main question raised by the petitioner is

that Ext.P9 order is passed without hearing. The petitioner

submitted that he has got documents to show that there is no

proper hearing. This is disputed by the Government Pleader.

Whatever that may be, the petitioner submitted Ext.P11 before the

2nd respondent. There can be a direction to consider the same.

The petitioner is free to raise all his contentions before the 2 nd

respondent. The 2nd respondent will give an opportunity of

hearing to the petitioner and the 5th respondent, before passing

final orders.

Therefore, this writ petition is disposed of in the following

manner:

W.P.(C) No.30246 of 2021

1. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P11, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment.

2. The petitioner and the 5th respondent will appear before the 2nd respondent on 22.06.2022 and the 2nd respondent will hear the petitioner and the 5 th respondent on that day or any subsequent date fixed by the 2nd respondent.

3. All the contentions raised by the petitioner and the 5th respondent are left open.

4. The petitioner will produce a copy of this writ petition together with a certified copy of this judgment before the 2nd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C) No.30246 of 2021

APPENDIX OF WP(C) 30246/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BUILDING PERMIT DATED 16/07/2019.

Exhibit P2 A TRUE COPY OF THE DOCUMENT NO.

1585/1/15 DATED 30/07/2015.

Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, MANARCADU DATED 20/12/2021, BEARING NO. KL 05031412794/2021.

Exhibit P4 A TRUE COPY OF THE REPORT SUBMITTED BY THE TALUK SURVEYOR DATED 12/12/2019 AND THE SURVEY SKETCH OF THE PROPERTY COMPRISED IN RE-SURVEY NO. 288/9.

Exhibit P5 A TRUE COPY OF THE EXTRACT OF THE BASIC TAX REGISTER OF MANARCADU VILLAGE ISSUED BY THE VILLAGE, OFFICER, MANARCAUD, DATED 21/10/2021.

Exhibit P6 A TRUE COPY OF THE ORDER OF THE TRIBUNAL IN APPEAL NO. 652 OF 2019 DATED 23/06/2020.

Exhibit P7 A TRUE COPY OF THE ORDER IN IA NO.

1/2020 IN OS 20/2021 DATED 11/01/2021. Exhibit P8 A TRUE COPY OF THE JUDGMENT IN CMA NO.

17/2021 DATED 05/08/2021.

Exhibit P9 A TRUE COPY OF THE SAID ORDER DATED 30/11/2021 , BEARING NO. G2-10925/19, ISSUED BY 3RD RESPONDENT.

Exhibit P10 A TRUE COPY OF THE ORDER DATED 09/12/2021 ISSUED BY THE SECRETARY, MANARCAUD, GRAMA PANCHAYATH.

Exhibit P11 A TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE RDO DATED 04/12/2021.