K.A.Abraham vs The District Collector
2022 Latest Caselaw 6773 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. 18727 OF 2021
PETITIONER/S:

          K.A.ABRAHAM
          AGED 50 YEARS
          S/O. CHACKO, KUNNUKIZHIYIL HOUSE, MANARCADU P.O,
          KOTTAYAM.
          BY ADVS.
          GEORGE SEBASTIAN
          PRANOY K.KOTTARAM


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, KOTTAYAM, PIN - 686002.
    2     THE REVENUE DIVISIONAL OFFICER
          MINI CIVIL STATION, KOTTAYAM, PIN - 686002.
    3     THE TAHSILDAR
          TALUK OFFICE, THIRUNAKKARA, KOTTAYAM, PIN -
          686001.
    4     THE VILLAGE OFFICER.
          VILLAGE OFFICE, MANARCADU, KOTTAYAM, PIN -
          686019.
    5     THE LOCAL LEVEL MONITORING COMMITTEE.
          OF MANARCADU GRAMA PANCHAYATH, REPRESENTED BY
          ITS CONVENER, THE AGRICULTURAL OFFICER, KRISHI
          BHAVAN, MANARCADU, KOTTAYAM DISTRICT, PIN -
          686019.
    6     THE AGRICULTURAL OFFICER
          KRISHI BHAVAN, MANARCADU, KOTTAYAM DISTRICT, PIN
          - 686019.
    7     THE MANARCADU GRAMA PANCHAYAT.
          REPRESENTED BY ITS SECRETARY, MANARCADU,
          KOTTAYAM DISTRICT, PIN - 686019.
    8     THE SECRETARY
          MANARCADU GRAMA PANCHAYAT, PIN - 686019.
                                         -2-
W.P.(C). No. 18727 of 2021

      9          JOHN A.J.
                 ANDUPARAMBIL HOUSE, MANARCADU, THALAPPADY,
                 ERATTUNADA ROAD, RUBBER BOARD P.O, KOTTAYAM,
                 PIN - 686009.
                 BY ADVS.
                 SURIN GEORGE IPE
                 JACOB THOMAS VELLUKUNNEL
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:
                                                      -3-
W.P.(C). No. 18727 of 2021


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

                              W.P.(C) No. 18727 of 2021
                       =============================================================

                    Dated this the 14th day of June, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i. To issue a writ of mandamus, order or direction to the 1st respondent to invoke Section 13 of Act 28 of 2008 in respect of the property comprised in re-survey No.285/7 of Manarcadu village in Kottayam District.

ii. To issue a writ of mandamus, order or direction to the 2nd and 4th respondent to ensure that the directions referred to in Ext-P9 is complied with by the 9th respondent.

iii. To issue a writ of mandamus, order or direction to the 2nd , 4th , 6th and 8th respondent to ensure that no construction. activities are carried out by the 9th respondent or anybody under him in the property comprised in re-survey No.285/7 of Manarcadu village in Kottayam District.

iv. To issue a writ of mandamus, order or direction to the 1st respondent to consider and pass orders on Ext- P10 after hearing the petitioner.

v. To issue a writ of mandamus, order or direction to the 1st, 2nd, and 8th respondents to take steps for demolition

W.P.(C). No. 18727 of 2021

of the building constructed in resurvey No. 285/7 of Manarcadu village in Kottayam district.

vi. To grant such other reliefs as this Honourable Court may deem fit and proper." (sic)

2. In this writ petition, the main grievance of the

petitioner is that after obtaining the building permit for a

particular survey number, the construction is carried out in

another area, which is classified as Nilam in the data bank and

in the revenue records. The petitioner relies on Exts.P15 and

P16 communications by the 6th respondent - Agricultural

Officer.

3. Heard the counsel for the petitioner, the learned

Government Pleader and the counsel for the Panchayat. I also

heard the counsel appearing for the 9th respondent.

4. After hearing both sides, I am of the considered

opinion that, this is a matter to be looked into by the 1 st

respondent. The petitioner is free to raise all his

contentions before the 1st respondent by filing a representation

W.P.(C). No. 18727 of 2021

and there can be a direction to the 1 st respondent to consider the

same, after giving an opportunity of hearing to all the affected

parties. The 1st respondent will also consider Exts.P15 and P16

while passing final orders.

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is free to approach the 1st respondent with a representation narrating his grievances raised in this writ petition, within three weeks from the date of receipt of a copy of this judgment.

2. Once such a representation is received, the 1 st respondent will consider and pass appropriate orders in it, within one month from the date of receipt of the representation. While passing final orders, the 1 st respondent will consider Exts.P15 to P16.

W.P.(C). No. 18727 of 2021

3. Before passing final orders, the petitioner and respondents 7 to 9 also should be given an opportunity of hearing.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 18727 of 2021

APPENDIX OF WP(C) 18727/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CONSENT LETTER DATED 12.03.2018 ISSUED TO THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE RELEVANT EXTRACT OF THE SETTLEMENT REGISTER Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT DATED 3.5.2019 ISSUED BY THE 8TH RESPONDENT TO THE 9TH RESPONDENT. Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 11.01.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 11.1.2021 SUBMITTED BEFORE THE 8TH RESPONDENT.

Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED 14.01.2021 BY THE 6TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P7 A TRUE COPY OF THE REPORT DATED 14.01.2021 GIVEN BY THE 4TH RESPONDENT TO THE OFFICE OF THE 3RD RESPONDENT. Exhibit P8 A TRUE COPY OF THE REPORT DATED 6.5.2021 SUBMITTED BY THE 4TH RESPONDENT TO THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P9 A TRUE COPY OF THE REPORT DATED 24.08.2021 ISSUED BY THE 4TH RESPONDENT TO THE TAHSILDAR (LAND RECORDS ) KOTTAYAM.

Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 24.08.2021 FILED BEFORE THE 1ST RESPONDENT.

Exhibit P11 A TRUE COPY OF THE ORDER DATED 23.06.2020 IN APPEAL 652/2019 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

Exhibit P12 A TRUE COPY OF THE ORDER DATED 05.08.2021 IN CMA 17/2021 OF THE ADDITIONAL DISTRICT COURT -V, KOTTAYAM.

W.P.(C). No. 18727 of 2021

Exhibit P13 A TRUE COPY OF THE STOP MEMO DATED 30/09/2021 ISSUED BY THE 4TH RESPONDENT TO THE 9TH RESPONDENT. Exhibit P14 A TRUE COPY OF THE COMMUNICATION DATED 06/10/2021 ISSUED BY THE 4TH RESPONDENT TO SHO MANARCADU POLICE STATION.

Exhibit A TRUE COPY OF THE REPORT DATED ADDITIONAL P15 21.2.2022 OF THE KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE THIRUVANANTHAPURAM ALONG WITH A COVERING LETTER ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DATED 5.5.2022 Exhibit P16 A TRUE COPY OF THE REPORT DATED 4-6-

2022 SUBMITTED BY THE 6TH RESPONDENT BEARING FILING NO.MK 68(16)2022. RESPONDENT EXHIBITS Exhibit R9(A) TRUE COPY OF THE REPORT OF THE TAHSILDAR (LR) DATED 12/12/2019 BEARING NO. G2-12618/2019 Exhibit R9(B) TRUE COPY OF THE INJUNCTION DATED 11/01/2021 IN I.A 1/2021 IN O.S 20/2021 Exhibit R9(C) TRUE COPY OF THE BASIC TAX REGISTER, ISSUED BY VILLAGE OFFICER, MANARKADU Exhibit R9(D) TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE VACB DEPARTMENT, KOTTAYAM DATED 22/08/2019 Exhibit R9(E) TRUE COPY OF THE ORDER IN A.P 1544(6)/2020/SIC DATED 10/08/2021