Kerala High Court
Issac Yohannan vs State Of Kerala on 24 June, 2022
WP(C) NO. 6439 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 6439 OF 2022
PETITIONER/S:
ISSAC YOHANNAN
AGED 65 YEARS
S/O. YOHANNAN, MUTHVANCHIRA HOUSE, P.O KOLENCHERY,
ERNAKULAM DISTRICT-682 311
BY ADV T.O.XAVIER
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001
2 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL
STATION, KAKKANAD, ERNAKULAM-682 030
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, PATTIMATTOM,
MUVATTUPUZHA ROAD, MUVATTUPUZHA-686 673
4 THE VILLAGE OFFICER,A
AIKKARANADU NORTH VILLAGE, ERNAKULAM DISTRICT-682 311
5 POOTHRIKA GRAMA PANCHAYAT,
OFFICE OF THE POOTHRIKA GRAMA PANCHAYAT, ERNAKULAM-682
308
ADDL.R6 THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE
& AGRICULTURAL OFFICER, NELLADU, KOLENCHERY 682 310
(IS IMPLEADED AS ADDL.R6 AS PER ORDER DATED 24.6.2022 IN
IA NO.1/22)
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6439 OF 2022 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 6439 of 2022
--------------------------------------
Dated this the 24th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i) To issue a writ of certiorari quashing Ext P5.
ii) To issue a writ of mandamus or other appropriate writ
or order directing respondent No.3 to re-consider Ext P4
application of the petitioner in the light of Exts P2 & P3
forthwith or within such time as this Hon'ble Court deem fit
and necessary in the interest of justice.
iii) To issue a declaration that the property of the petitioner
covered by Ext P1 is a garden land in the light of Exts P2, P3
& P6
iv) To grant such other reliefs as this Hon'ble Court may
deem just and proper in the interest of justice, including
costs." [SIC]
2. The main prayer in this writ petition is against
Ext.P5 order. Ext.P5 is an order passed by the 3 rd respondent
in the Form-5 application filed under Rule 4(d) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008. This
Court perused Ext.P5 order. Et.P5 is not a speaking order. The
counsel for the petitioner relied Ext.P3 judgment and
submitted that it is covered in favour of the petitioner. Since
Ext.P5 is not a speaking order, Ext.P5 can be set aside and the
3rd respondent can be directed to reconsider the matter and
the 3rd respondent can also be directed to consider whether
Ext.P3 judgment is applicable in the facts and circumstances of
the case.
Therefore, this writ petition is allowed in the following
manner :
1) Ext.P5 is set aside.
2) The 3rd respondent is directed to reconsider the
matter after giving an opportunity of hearing to the
petitioner as expeditiously as possible, at any rate,
within three months from the date of receipt of a
copy of this judgment.
3) While passing final orders as directed above, the 3 rd
respondent will consider the applicability of Ext.P3
judgment of this Court.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 6439/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.4259/2012
DATED 24.7.2012 OF KOLENCHERY SRO
Exhibit P2 TRUE COPY OF THE REPORT BEARING NO.182/13
DATED 5.6.2013 ISSUED BY THE 4TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 2.1.2014
IN WA NO.412/2013 PASSED BY THIS HON'BLE
COURT
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
7.9.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER BEARING NO.A13-
7236/21/R.DIS DATED 12.11.2021
Exhibit P6 TRUE COPY OF THE LETTER BEARING NO.63/2022
DATED 1.2.2022 ISSUED BY THE SRO,
PUTHENCRUZ
