Somasekharan Nair vs State Of Kerala
2022 Latest Caselaw 7079 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                      WP(C) NO. 17022 OF 2022
PETITIONER:

            SOMASEKHARAN NAIR,
            AGED 82 YEARS
            S/O RAGHAVAN NAIR, THUSHARAM HOUSE, PADUVA P.O.,
            MATTAKKARA, AKALAKUNNAM VILLAGE, KOTTAYAM-686564
            BY ADV A.K.HARIDAS

RESPONDENTS:

    1       STATE OF KERALA
            REP. BY SECRETARY TO THE GOVERNMENT,
            DEPARTMENT OF REVENUE, SECRETARIAT,
            THIRUVANATHAPURAM-695001
    2       REVENUE DIVISIONAL OFFICER,
            KOTTAYAM REVENUE DIVISION, CIVIL STATION,
            KOTTAYAM- 686001
    3       LOCAL LEVEL MONITORING COMMITTEE
            REP. BY IT'S CONVENER, AGRICULTURAL OFFICER,
            AKALAKUNNAM, KOTTAYAM- 686503
OTHER PRESENT:

            SRI.ASHWIN SETHUMADHAVAN, SR.GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   17.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.17022/2022

                                    2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.17022 of 2022
               ----------------------------------------------
              Dated this the 17th day of June, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of Certiorari or any other appropriate writ, order quashing Ext.P11 order. ii. To allow the Ext.P4 and Ext.P5 applications of the petitioner.

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

(SIC)

2. The main grievance of the petitioner is that Ext.P11

order is passed without giving an opportunity of hearing to the

petitioner.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. This Court perused Ext.P11 order. There is nothing to

show that Ext.P11 is passed after giving an opportunity of W.P.(C).No.17022/2022

personal hearing to the petitioner. The learned counsel for

the petitioner relied on Exts.P3 and P8. The learned counsel

for the petitioner takes me through serial No.93 in Ext.P3 and

also the finding of the Village Officer in Ext.P8 and contended

that the conversion of the land was before the year 2008. I do

not want to make any observation about the same. This is a

matter to be considered by the 2 nd respondent. Without

expressing any opinion on merit, I think Ext.P11 can be set

aside for the simple reason that, it is an order passed without

hearing the petitioner. I make it clear that I have not

considered the matter on merit and the 2 nd respondent is free

to pass appropriate orders. I am setting aside Ext.P11 only for

the reason that there is a definite case to the petitioner that it

is an order passed without hearing him.

Therefore, this writ petition is allowed in the following

manner:

1. Ext.P11 is set aside.

2. The 2nd respondent is directed to reconsider

the matter after giving an opportunity of

hearing to the petitioner, as expeditiously as W.P.(C).No.17022/2022

possible, at any rate, within a period of three

months from the date of receipt of a copy of

this judgment.

3. The petitioner is free to adduce additional

evidence and produce additional documents, if

any, before the 2nd respondent.

4. I make it clear that I have not considered the

matter on merit and the 2nd respondent is free

to pass appropriate orders in accordance to

law.

sd/-

                                       P.V.KUNHIKRISHNAN
JV                                            JUDGE
 W.P.(C).No.17022/2022





                 APPENDIX OF WP(C) 17022/2022

PETITIONER EXHIBITS
Exhibit P1        A TRUE COPY OF THE LAND TAX RECEIPT
                  DATED 21.6.2021
Exhibit P2        A TRUE COPY OF THE SWORN STATEMENT BY
                  THE NEIGHBOR
Exhibit P3        A TRUE COPY OF THE RELEVANT PAGE OF
                  THE DATA BANK DATED 26.2.2011
Exhibit P4        A TRUE COPY OF THE APPLICATION IN FORM
                  NO. 5 DATED 22.9.2020
Exhibit P5        A TRUE COPY OF THE APPLICATION IN FORM
                  NO. 6 DATED 22.9.2020
Exhibit P6        A TRUE COPY OF THE MINUTES OF LLMC
                  DATED 25.9.2021
Exhibit P7        A TRUE COPY OF THE REPORT OF KERALA

STATE REMOTE SENSING AND ENVIRONMENT CENTRE (KSREC) Exhibit P8 A TRUE COPY OF THE REPORT OF THE AKALAKUNNAM VILLAGE OFFICER DATED 01.01.2020 Exhibit P9 THE TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER, AKLAKUNNAM DATED 19.1.2021 AND 20.1.2021 Exhibit P10 THE TRUE COPY OF THE TWO REPORTS OF THE AGRICULTURAL OFFICER, AKLAKUNNAM DATED 20.1.2021 Exhibit P11 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 27.4.2022