Kerala High Court
C.A.Saleem vs The State Of Kerala on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 574 OF 2022
PETITIONER:
C.A.SALEEM,
AGED 57 YEARS
S/O.AHAMED KOYA, "SAJITHA", 15/170, PARAPPIL,
P.O.KALLAI, KOZHIKODE DISTRICT-673 003.
BY ADVS.
K.M.FIROZ
M.SHAJNA
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE REVENUE DIVISIONAL OFFICER,
THE REVENUE DIVISIONAL OFFICE, KOZHIKODE-673 001.
3 THE VILLAGE OFFICER, THALAKKULATHUR VILLAGE,
KOZHIKODE-673 317.
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 574 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 574 of 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(I) To call for records leading to and pursuant to
Exhibit P1 to P6 and set aside Exhibit P5 by issuing a Writ
of Certiorari or any other appropriate Writ Order or
direction.
(II) To grant such other relief as this Hon'ble Court
may deem fit on the facts and in the circumstances of
the case."[SIC]
2. The petitioner is aggrieved by Ext.P5 stop memo
issued by the 3rd respondent directing the petitioner herein
to stop the alleged conversion activities in his land and to
remove the soil. According to the petitioner, the said
property covered by Ext.P5 stop memo has been excluded
and removed from the data bank as per Ext.P3 notification.
Hence the provisions of the Kerala Conservation of Paddy
Land and Wet Land Act, 2008 can not be pressed into
service and Ext.P5 is without jurisdiction. Moreover, it is
WP(C) NO. 574 OF 2022
also submitted that Ext.P5 is a proceedings issued in
violation of the principles of natural justice and it is passed
without giving an opportunity of hearing to the petitioner.
3. Heard counsel appearing for the petitioner and
the learned Government Pleader.
4. A perusal of Ext.P2 order will show that the
property is already converted and permission is granted to
construct a building in 5 cents. As per Serial No.93 in
Ext.P3, the property is excluded from the data bank
because the same is wrongly included in it. Ext.P4 is the
building permit issued to the petitioner. In such
circumstances, Ext.P5 has no legal sanctity. Moreover,
Ext.P5 is an order passed without giving an opportunity of
hearing to the petitioner. In such circumstances, Ext.P5
can be set aside.
Therefore this writ petition is allowed in the following
manner:
i. Ext.P5 is set aside.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 574 OF 2022
APPENDIX OF WP(C) 574/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1366/2013
DATED 31.05.2013 OF SRO WESTHILL.
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE
RDO KOZHIKODE TO THE PANCHAAYTH
SECRETARY DATED 10.09.2008 NUMBERED C
6688/07.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF
THE KERALA GAZETTE NOTIFICATION
NUMBERED AS A 3-4166/19 DATED
11.03.2020.
EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT ISSUED
BY THE RESPONDENT IN THE NAME OF THE
PETITIONER AND SAJITHA DTED 30.11.2015.
EXHIBIT P5 TRUE COPY OF THE STOP MEMO NOTICE
ISSUED BY THE 3RD RESPONDENT NUMBERED
AS 1/2022/VO DATED 29.12.2021.
EXHIBIT P6 TRUE COPY OF THE SPECIFICATION AND
REPORT OF THE PROPOSED BUILDING OF THE
PETITIONER.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
