V.J.Wilson vs Local Level Monitoring Committee
2022 Latest Caselaw 4967 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
          Wednesday, the 4th day of May 2022 / 14th Vaisakha, 1944
                         WP(C) NO. 15131 OF 2022(N)
PETITIONER:

     V.J.WILSON, S/O JACOB, AGED 67 YEARS, VELIKKAKATH HOUSE, EZHUPUNNA,
     CHERTHALA, REPRESENTED BY POWER HOLDER P.V.TOMY, S/O P.T.VARGHESE,
     AGED 66 YEARS, RESIDING AT PAZHANGATT HOUSE, ERAMALLUR.P.O.,
     CHERTHALA, ALAPPUZHA - 688 524.

RESPONDENTS:

  1. THE LOCAL LEVEL MONITORING COMMITTEE, EZHUPUNNA GRAMA PANCHAYATH,
     EZHUPUNNA - 688 537, REPRESENTED BY ITS CONVENER.
  2. THE TAHSILDAR (LR), TALUK OFFICE, CHERTHALA, ALAPPUZHA - 688 524.
  3. THE EZHUPUNNA GRAMA PANCHAYATH, EZHUPUNNA - 688 537, REPRESENTED BY
     ITS SECRETARY.
  4. THE VILLAGE OFFICER, EZHUPUNNA VILLAGE OFFICE, EZHUPUNNA, CHERTHALA
     - 688 537.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents not to interfere in the construction of
the ridge (chiravarambu) along the boundary of the property covered by
Exhibit P1 sale deed in order to conduct cultivation of paddy (pokkali) by
staying the operation of and all further proceedings of and pursuant to
Exhibit P5 order pending disposal of the above writ petition.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s. P.P.JACOB and MARIYAM JACOB, Advocates for the petitioner and of
GOVERNMENT PLEADER for R1, R2 and R4, the court passed the following:




                                                                 p.t.o
      Exhibit P1:- TRUE PHOTOCOPY OF THE SALE DEED 39/18 DATED 6.1.2018 OF
THE KUTHIYATHODE SUB REGISTRY OFFICE.

     Exhibit P5:- TRUE PHOTOCOPY OF THE ORDER DATED 27.4.22 ISSUED BY THE
FOURTH RESPONDENT VILLAGE OFFICER.
                                  GOPINATH P., J.
                       ========================
                           W.P.(C) No.15131 of 2022
                       ========================
                       Dated this the 04th day of May, 2022



                                           ORDER

Admit.

The learned Government Pleader takes notice for

respondents 1, 2 and 4. Issue notice by speed post to the 3 rd

respondent.

Having regard to the contention of the petitioner that

the petitioner is constructing a ridge 'Chira varambu' only for

the purpose of carrying out cultivation of paddy and not to

convert the land in any manner and taking note of the

judgment of this Court in Subramonian Namboothiri v.

District Collector, Malappuram; 2020 (6) KLT 743, there

will be an interim order as prayed for, for a period of one

month.

Post after a month.

Sd/-

GOPINATH P.

JUDGE DK

04-05-2022 /True Copy/ Assistant Registrar