Kerala High Court
Damodaran Nair vs The Sub Collector, Kasaragod on 28 June, 2022
WP(C) NOs. 13301 OF 2012 & conn.cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 13301 OF 2012
PETITIONER/S:
DAMODARAN NAIR
AGED 58 YEARS
S/O.LATE THALAPPAN RAMAN NAIR, ASHOK NIVAS,
KANHANGAD SOUTH, HOSDURG TALUK, KASARGOD DISTRICT.
BY ADVS.
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SRI.THOMAS T.VARGHESE
RESPONDENT/S:
THE SUB COLLECTOR, KASARAGOD
AT KANHANGAD, HOSDURG TALUK, KASARGOD DISTRICT-671
535.
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, ALONG WITH WP(C).13514/2012, 13519/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NOs. 13301 OF 2012 & conn.cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 13514 OF 2012
PETITIONER/S:
M.V. KUNHIKRISHNAN
S/O. LATE KUNHAMBU ACHARI, KOVVAL.P.O, CHERUVATHUR,
CHERUVATHUR VILLAGE, HOSDURG TALUK, KASARAGOD
DISTRICT.
BY ADVS.
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SRI.THOMAS T.VARGHESE
RESPONDENT/S:
SUB COLLECTOR, KASARGOD
AT KANHANGAD, HOSDURG TALUK, KASARAGOD DISTRICT -
671 315.
SMT. VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, ALONG WITH WP(C).13301/2012 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 13301 OF 2012 & conn.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 13519 OF 2012
PETITIONER/S:
MOOTHAL NARAYANAN
AGED 61 YEARS
S/O.LATE KOTTAN, KOVVAL, CHERUVATHUR P.O.,
CHERUVATHUR VILLAGE, HOSDURG TALUK, KASARGOD
DISTRICT.
BY ADVS.
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SRI.THOMAS T.VARGHESE
RESPONDENT/S:
THE SUB COLLECTOR, KASARGOD
AT KANHANGAD, HOSDURG TALUK, KASARGOD DISTRICT, PIN-
671315.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, ALONG WITH WP(C).13301/2012 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 13301 OF 2012 & conn.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 13556 OF 2012
PETITIONER/S:
E. NANU
AGED 72 YEARS
VENGATTU, P.O. CHERUVATHUR, CHERUVATHUR VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADVS.
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SRI.THOMAS T.VARGHESE
RESPONDENT/S:
THE SUB COLLECTOR
KASARAGOD AT KANHANGAD, HOSDURG TALUK, KASARAGOD
DISTRICT - 671315.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, ALONG WITH WP(C).13301/2012 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 13301 OF 2012 & conn.cases 5
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C) Nos.13301, 13514, 13519
& 13556 of 2012
-------------------------------------------------
Dated this the 28th day of June, 2022
JUDGMENT
The above writ petitions are filed challenging orders
passed by the Sub Collector, Kasaragod. The petitioners are
the owners of the certain items of property in Cheruvathur
Villge, Hosdurg District. The petitioners in W.P.(C.) No.
13301/2012 and 13519/2012 obtained permission from
Tahsildar as per Ext.P1 produced in those writ petitions for
removing red earth for making the property fit for constructing
a residential house. As far as the other two writ petitions are
concerned, there is no permission and red earth is removed
without permission. In all these cases, the respondent-Sub
Collector, Kasaragod passed orders directing to pay royalty
and fine for the illegal excavation and it is a common order.
Ext.P1 in W.P.(C.) No. 13514/2012 is the common order. The
petitioners are challenging this common order imposing
royalty and fine.
3. Heard the learned counsel for the petitioners and the
learned Government Pleader.
4. The short point raised by the petitioners is that the
common order passed by the respondent in these writ petitions
is not a speaking order. The contentions of the petitioners are
not considered. According to the petitioners, the respondent
have no jurisdiction to pass such an order. In such
circumstances, this common order is challenged. The
Government Pleader on the other hand submitted that there is
nothing to interfere with the common order passed by the
respondent, by which royalty and fine is imposed. The
petitioners exceeded the limit prescribed for excavation of red
earth. Whatever that may be, a perusal of the common order
will show that it is not a speaking order. These writ petitions
are pending before this Court from 2012 onwards and the
impugned orders are stayed by this Court from that date
onwards. I think the impugned order can be set aside and the
WP(C) NOs. 13301 OF 2012 & conn.cases 7
matter can be remitted back to the respondent for fresh
consideration in accordance to law, after giving an opportunity
of hearing to the petitioners.
Therefore, these writ petitions are allowed in the
following manner :
1) Ext.P1 in W.P.(C.) Nos.13514/2012 and 13556/2012 and
Ext.P4 in W.P.(C.) Nos. 13519/2012 and 13301/2012 are
set aside.
2) The respondent is directed to reconsider the matter after
giving an opportunity of hearing to the petitioners.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WPC NO 13301/2012
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF PROCEEDING NO.B4-40457/2009 DATED
11.12.2009 OF THE TAHSILDAR
EXT.P2 TRUE COPY OF THE SUMMONS ISSUED BY THE RESPONDENT TO
THE PETITIONER DATED 19.8.2011
EXT.P3 TRUE COPY OF THE STATEMENT DATED 20.9.2011 SUBMITTED
BY THE PETITIONER BEFORE THE RESPONDENT
EXT.P4 TRUE COPY OF THE ORDER NO.C 5219/2011 DATED
31.12.2011 ISSUED BY THE RESPONDENT.
RESPONDENT'S EXHIBITS : NIL
WP(C) NOs. 13301 OF 2012 & conn.cases 9
APPENDIX OF WP(C) NO. 13514 OF 2012
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE ORDER NO.G.5219/2011 DATED
31.12.2011 ISSUED BY THE RESPONDENT.
WP(C) NOs. 13301 OF 2012 & conn.cases 10
APPENDIX OF WP(C) NO. 13519 OF 2012
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF PROCEEDING NO.B4/3359/2010 DATED
27.1.2010 OF TAHSILDAR
EXT.P2 TRUE COPY OF THE SUMMONS ISSUED BY THE RESPONDENT TO
THE PETITIONER DATED 19.8.2011
EXT.P3 TRUE COPY OF THE STATEMENT DATED 24.11.2011
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT
EXT.P4 TRUE COPY OF THE ORDER NO.G5219/2011 DATED
31.12.2011 ISSUED BY THE RESPONDENT
WP(C) NOs. 13301 OF 2012 & conn.cases 11
APPENDIX OF WP(C) NO. 13556 OF 2012
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE ORDER NO.G5219/2011 DATED
31.12.2011 ISSUED BY THE RESPONDENT
