Kerala High Court
Milan vs The Local Level Monitoring ... on 28 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944
WP(C) NO.30908 OF 2021
PETITIONERS :-
1 MILAN, AGED 52 YEARS
S/O.T.V.LALAN, PRADEEP MANDIR, RAMESWARAM,
THOPPUMPADY, KOCHI-682 006, ERNAKULAM.
2 DEEPA MILAN,
W/O.MILAN, PRADEEP MANDIR, RAMESWARAM,
THOPPUMPADY, KOCHI-682 006, ERNAKULAM.
3 MIJU LAL,
S/O.T.V.LALAN, PRADEEP MANDIR, RAMESWARAM,
THOPPUMPADY, KOCHI-682 006, ERNAKULAM.
BY ADVS.
P.P.JACOB
MARIYAM JACOB
JOHANS JACOB P.
ADVOCATE GENERAL OFFICE KERALA
RESPONDENTS :-
1 THE LOCAL LEVEL MONITORING COMMITTEE
PALLURUTHY VILLAGE, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA,
ERNAKULAM-682 019.
2 THE VILLAGE OFFICER
PALLURUTHY VILLAGE OFFICE, PALLURUTHY,
KOCHI-682 006.
3 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI-682 001.
BY SMT.VINITHA B, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.03.2022, ALONG WITH WP(C).690/2022 AND 6700/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.30908 OF 2021,
690 & 6700 of 2022
-: 2 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944
WP(C) NO. 690 OF 2022
PETITIONERS :-
1 MILAN, AGED 52 YEARS
S/O. T.V.LALAN, PRADEEP MANDIR, RAMESWARAM,
THOPPUMPADY, KOCHI-682 006, ERNAKULAM
2 DEEPA MILAN
W/O. MILAN, PRADEEP MANDIR, RAMESWARAM,
THOPPUMPADY, KOCHI-682 006, ERNAKULAM
3 MIJU LAL
S/O.T.V.LALAN, PRADEEP MANDIR, RAMESWARAM,
THOPPUMPADY, KOCHI-682 006, ERNAKULAM
BY ADVS.
P.P.JACOB
JOHANS JACOB P.
RESPONDENTS :-
1 THE LOCAL LEVEL MONITORING COMMITTEE
PALLURUTHY VILLAGE, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
VYTTILA, ERNAKULAM-682 021
2 THE VILLAGE OFFICER,
PALLURUTHY VILLAGE OFFICE, PALLURUTHY,
KOCHI-682 006.
3 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI-682 001
BY SMT.VINITHA B., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.03.2022, ALONG WITH WP(C).30908/2021 AND 6700/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.30908 OF 2021,
690 & 6700 of 2022
-: 3 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944
WP(C) NO. 6700 OF 2022
PETITIONERS :-
1 MILAN, AGED 52 YEARS
S/O. T V LALAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY,
KOCHI-682 006, ERNAKULAM.
2 DEEPA MILAN
W/O. MILAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY,
KOCHI-682 006, ERNAKULAM.
3 MIJU LAL,
S/O. T V LALAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY,
KOCHI-682 006, ERNAKULAM.
BY ADVS.
P.P.JACOB
MARIYA TITTY
RESPONDENTS :-
1 THE LOCAL LEVEL MONITORING COMMITTEE
PALLURUTHY VILLAGE, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA, ERNAKULAM.
2 THE VILLAGE OFFICER
PALLURUTHY VILLAGE OFFICE, PALLURUTHY,
KOCHI-682 006.
3 THE TAHSILDAR
FORT KOCHI TALUK OFFICE, FORT KOCHI-682 001.
4 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI-682 001.
BY SMT.VINITHA B., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2022, ALONG WITH WP(C).30908/2021 AND 690/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.30908 OF 2021,
690 & 6700 of 2022
-: 4 :-
JUDGMENT
[WP(C) Nos.30908/2021, 690/2022 AND 6700/2022]
Dated this the 28th day of March, 2022
W.P.(C) Nos.30908/2021 and 690/2022 are filed challenging
Ext.P2 stop memo issued by the Village Officer with regard to
reclamation of property. In W.P.(C) No.6700/2022 also, Ext.P3
stop memo is under challenge. Additionally, the representation
submitted by the petitioners before the respondents is also sought
to be considered.
2. The learned Government Pleader submits, on
instructions, that the property was found to be wet land and it is
because the petitioners had been making attempts to reclaim the
property that the stop memos had been issued. It is submitted that
the representation submitted by the petitioners have been
forwarded to the RDO and are awaiting reports from the
Agricultural Officer and the Village Officer.
Having considered the contentions advanced, I am of the
opinion that it is for the RDO to take an appropriate decision with
regard to the nature of the property with notice to the petitioners
also, within a period of two months from the date of receipt of a
copy of this judgment. Till such time, the petitioners shall carry
WP(C) Nos.30908 OF 2021,
690 & 6700 of 2022
out no further reclamation in the property and status quo shall be
maintained in respect of the property.
These writ petitions are ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/31.3.2022
WP(C) Nos.30908 OF 2021,
690 & 6700 of 2022
APPENDIX OF WP(C) 30908/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE
DATA BANK SHOWING THE PROPERTY IN SY NO
150/1A OF PALLURUTHY VILLAGE
Exhibit P2 TRUE PHOTOCOPY OF THE STOP MEMO DATED
24.7.2021
Exhibit P3 TRUE PHOTOCOPY OF THE PLAN DRAWN BY THE
ADVOCATE COMMISSIONER IN OS 51/97 DATED NIL
RESPONDENT EXHIBITS :-
Annexure R2(a) True copies of the photographs before and
after the filing of land
Annexure R2(b) True copy of the google map from 2002-2021.
Annexure R2(c) True copy of the stop memo dated 13-01-2022
Annexure R2(d) True copy of the police complaints dated 28-
07-2021.
Annexure R2(e) True copy of the police complaints dated 03-
01-2022.
WP(C) Nos.30908 OF 2021,
690 & 6700 of 2022
APPENDIX OF WP(C) 690/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE
DATA BANK SHOWING THE PROPERTY IN SY NO.150/IA
OF PALLURUTHY VILLAGE
Exhibit P2 TRUE PHOTOCOPY OF THE STOP MEMO DATED 24.7.2021
Exhibit P3 TRUE PHOTOCOPY OF THE PLAN DRAWN BY THE
ADVOCATE COMMISSIONER IN OS 51/97 DATED NIL
Exhibit P4 TRUE PHOTOCOPY OF THE STOP MEMO ISSUED BY THE
SECOND RESPONDENT DATED 3.1.22.
WP(C) Nos.30908 OF 2021,
690 & 6700 of 2022
APPENDIX OF WP(C) 6700/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE
DATA BANK VIDE SL.NO.380.
Exhibit P2 TRUE PHOTOCOPY OF THE STOP MEMO DATED 24.7.2021
ISSUED BY THE FIRST RESPONDENT VILLAGE OFFICER,
PALLURUTHY VILLAGE.
Exhibit P3 TRUE PHOTOCOPY OF THE STOP MEMO DATED 3.1.2022
ISSUED BY THE FIRST RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF THE PROHIBITORY DATED
11.01.22 ISSUED BY THE THIRD RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF THE PETITION DATED 22.01.2022
SUBMITTED BY THE PETITIONER BEFORE THE THIRD
RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF THE ORDER DATED 29.01.222
ISSUED BY THE THIRD RESPONDENT.
