Kerala High Court
K.P. Vijayan vs The District Collector on 10 May, 2022
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 7037 OF 2014
PETITIONER:
K.P.VIJAYAN, AGED 58,
S/O.PURUSHOTHAMAN, VIJAYASADANAM, VENPALA,
THIRUVALLA, PATHANAMTHITTA.
BY ADVS.
SRI.T.P.PRADEEP
SRI.S.SREEDEV
SRI S.SREEKUMAR (SR.)
RESPONDENTS:
1 THE DISTRICT COLLECTOR
PATHANAMTHITTA, 689645.
2 THE REVENUE DIVISIONAL OFFICER
THIRUVALLA, PATHANAMTHITTA, 689101.
ADDL.R3 IMPLEADED
3 JOSEPH JOHN
AGED 65 YEARS
S/O LATE C.A.JOHN,CHIRAPARAMBIL HOUSE, PERUMTHURUTHY
P.O,THIRUVALLA-689107
IS IMPLEADED AS PER ORDER DATED 16/07/2014 IN IA
8481/2014
BY GOVT.PLEADER SRI B.S
ADV SRI K.SHAJ
SRI P.VISWANATHAN (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2022, ALONG WITH WP(C).9722/2014 AND CONNECTED CASES, THE
COURT ON 10.5.2022 DELIVERED THE FOLLOWING:
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 9722 OF 2014
PETITIONER:
K.P. VIJAYANAGED 58,
S/O.PURUSHOTHAMAN,VIJAYASADANAM,
VENPALA,THIRUVALLA,PATHANAMTHITTA.
BY ADV SRI.T.P.PRADEEP
SRI S.SREEKUMAR (SR.)
RESPONDENTS:
1 THE DISTRICT COLLECTOR
PATHANAMTHITTA-689645.
2 THE REVENUE DIVISIONAL OFFICER
THIRUVALLA,PATHANAMTHITTA-689101.
BY GOVERNMENT PLEADER SRI VIPIN NARAYAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2022, ALONG WITH WP(C).7037/2014 AND CONNECTED CASES, THE
COURT ON 10.5.2022 DELIVERED THE FOLLOWING:
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 27737 OF 2014
PETITIONER:
JOSEPH JOHN
CHIRAPARAMBIL HOUSE, PERUMTHURUTHY P.O.,
THIRUVALLA, PIN - 689 107.
BY ADVS.
SHRI.M.V.S.NAMPOOTHIRY
SRI.ROHIT C.OOMMEN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, PATHANAMTHITTA - 689 645.
2 THE REVENUE DIVISIONAL OFFICER
THIRUVALLA - 689 101.
3 THE TALUK TAHSILDAR
THIRUVALLA - 689 101.
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, PERINGARA, THIRUVALLA - 689 108.
5 K.P.VIJAYAN
VIJAYA SADANAM, VENPALA P.O., THIRUVALLA - 689 102.
BY ADV SRI.T.P.PRADEEP
SRI S.SREEKUMAR (SR.)
GOVT.PLEADER SRI B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2022, ALONG WITH WP(C).7037/2014 AND CONNECTED CASES, THE
COURT ON 10.5.2022 DELIVERED THE FOLLOWING:
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 3360 OF 2021
PETITIONER:
K.P. VIJAYAN,
AGED 62 YEARS
VIJAYA SOUDHAM,VENPALA MURI,
KUTTOOR VILLAGE,THIRUVALLA,
PATHANAMTHITTA DISTRICT,PIN-689102.
BY ADVS.
SRI S.SREEKUMAR (SR.)
SRI.P.K.SATHEES KUMAR
SMT.MINIKUMARY M.V.
SHRI.AJAI JOHN
SRI.T.P.PRADEEP
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE,PATHANAMTHITTA DISTRICT,
PIN-688001.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, THIRUVALLA,PATHANAMTHITTA
DISTRICT,
PIN-689101.
3 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER,
PERINGARA GRAMA PANCHAYATH,
PERINGARA.P.O,PATHANAMTHITTA DISTRICT,PIN-689108.
4 PERINGARA GRAMA PANCHAYAT,
REPRESENTED BY IT'S SECRETARY,
PERINGARA.P.O, PATHANAMTHITTA DISTRICT,PIN-689108.
5 THE SECRETARY,
PERINGARA GRAMA PANCHAYAT,
PERINGARA.P.O, PATHANAMTHITTA DISTRICT,PIN-689108.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 5
WP(C) NO. 3360 OF 2021
6 JOSEPH JOHN,
CGIRAPARAMBIL HOUSE,PERUMTHURUTHY.P.O,
THIRUVALLA,PIN-689107.
BY ADVS.
SHRI.VARGHESE M.EASO, SC, PERINGARA GRAMA PANCHAYAT
SRI.K.SHAJ
SRI P.VISWANATHAN (SR.)
GOVT.PLEADER SRI VIPIN NARAYAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2022, ALONG WITH WP(C).7037/2014, 16988/2021 AND
CONNECTED CASES, THE COURT ON 10.5.2022 DELIVERED THE
FOLLOWING:
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 12890 OF 2021
PETITIONER:
JOSEPH JOHN
AGED 73 YEARS
S/O C.A JOHN, CHIRAPRAMBIL HOUSE, PERUNTHURUTHI P.O,
THIRUVALLA 689 107
BY ADVS.
SRI K.SHAJ
RENJIT GEORGE
C.IJLAL
UMMUL FIDA
JOSEPH MARY DAS
ARUN CHAND
VINAYAK G MENON
BHARAT VIJAY P.
MAJID MUHAMMED K.
SRI P.VISWANATHAN (SR.)
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT 686 945
2 THE REVENUE DIVISIONAL OFFICER,
THIRUVALLA, PATHANAMTHITTA DISTRICT 689 101
3 THE TAHSILDAR,
THIRUVALLA TALUK, THIRUVALLA, PATHANAMTHITTA
DISTRICT 689 101
4 THE VILLAGE OFFICER
KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT 689 102
5 THE PERINGARA GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, PERINGARA P.O,
PATHANAMTHITTA 689 108
6 THE EXECUTIVE ENGINEER
MINOR IRRIGATION, PATHANAMTHITTA 686 945
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 7
WP(C) NO. 12890 OF 2021
7 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PERINGARA P.O, THIRUVALLA TALUK,
PATHANAMITTA DISTRICT 689 108
8 THE KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM,
KERALA 695 033
9 K.P VIJAYAN,
VIJAYA SADANAM, VENPALA P.O, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT 689 102
10 THE LOCAL LEVEL MONITORING COMMITTEE FOR PERINGARA
GRAMA PANCHAYATH
REPRESENTED BY ITS CONVENER, PERINGARA P.O,
PATHANAMTHITTA 689 108
BY ADVS.
SHRI.VARGHESE M.EASO, SC, PERINGARA GRAMA PANCHAYAT
T.P.PRADEEP
SRI S.SREEKUMAR (SR.)
MINIKUMARY M.V.
GOVT.PLEADER SRI VIPIN NARAYAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2022, ALONG WITH WP(C).7037/2014 AND CONNECTED CASES, THE
COURT ON 10.5.2022 DELIVERED THE FOLLOWING:
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 16988 OF 2021
PETITIONER:
JOSEPH JOHN
AGED 73 YEARS
S/O. C.A JOHN, CHIRAPRAMBIL HOUSE,
PERUNTHURUTHI P.O., THIRUVALLA-689 107
BY ADVS.
SRI K.SHAJ
SRI JOSSY S. KATTUR
SRI C.IJLAL
SMT.UMMUL FIDA
SMT.RESHMA.P.
SRI JOSEPH MARY DAS
SRI ARUN CHAND
SRI VINAYAK G MENON
SRI BHARAT VIJAY P.
SRI MAJID MUHAMMED K.
SRI PRAMOD M.
SRI P.VISWANATHAN (SR.)
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PATHANAMTHITTA,
OFFICE OF THE DISTRICT COLLECTOR,
PATHANAMTHITTA DISTRICT-686 945
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
THIRUVALLA,
PATHANAMTHITTA DISTRICT-689 101
3 THE TAHSILDAR,
OFFICE OF THE TAHSILDAR, THIRUVALLA TALUK,
THIRUVALLA,
PATHANAMTHITTA DISTRICT-689 101
4 DEPUTY TAHSILDAR (ELECTION)
OFFICE OF THE TAHSILDAR, THIRUVALLA TALUK,
THIRUVALLA, PATHANAMTHITTA DISTRICT-689 101
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 9
WP(C) NO. 16988 OF 2021
5 THE VILLAGE OFFICER,
KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
DISTRICT-689 102
6 THE PERINGARA GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
PERINGARA P.O.,
PATHANAMTHITTA-689 108
7 THE SECRETARY
PERINGARA GRAMA PANCHAYAT,
PERINGARA P.O.,
PATHANAMTHITTA-689 108
8 THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DIVISION,
PATHANAMTHITTA-686 945
9 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PERINGARA P.O.,
THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT-689 108
10 THE EXECUTIVE ENGINEER,
LSGD ENGINEERING WING,
CHANGANASSERY, MUNICIPALITY,
CHANGANASSERY-686 101
11 THE KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
REPRESENTED BY ITS DIRECTOR,
1ST FLOOR, VIKAS BHAVAN,
NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PMG THIRUVANANTHAPURAM,
KERALA-695 033
12 THE LOCAL LEVEL MONITORING COMMITTEE FOR PERINGARA
GRAMA PANCHAYAT,
REPRESENTED BY ITS CONVENER,
PERINGARA P.O.,
PATHANAMTHITTA-689 108
13 K.P.VIJAYAN,
VIJAYA SADANAM, VENPALA P.O., THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT-689 102
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 10
WP(C) NO. 16988 OF 2021
14 NATIONAL CENTRE FOR EARTH SCIENCE STUDIES,
REPRESENTED BY ITS DIRECTOR,
POST BOX NO.7250, AKKULAM,
THIRUVANANTHAPURAM-695 011
BY ADVS.
SHRI.VARGHESE M.EASO, SC, PERINGARA GRAMA PANCHAYAT
SRI S.VISHNU
SRI T.P.PRADEEP
SRI P.VIJAYAKUMAR
SMT.MINIKUMARY M.V.
SRI S.MANU
MS.S.KRISHNA
GOVT.PLEADER SRI VIPIN NARAYAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2022, ALONG WITH WP(C).7037/2014 AND CONNECTED CASES, THE
COURT ON 10.5.2022 DELIVERED THE FOLLOWING:
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 18817 OF 2021
PETITIONER:
K.P.VIJAYAN
AGED 62 YEARS
VIJAYA SOUDHAM, VENPALA MURI, KUTTOOR VILLAGE,
THIRUVALLA, PATHANAMTHITTA DISTRICT, 689 102,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANISH
JOSEPH VARGHESE, AGED 38 YEARS, S/O C J VARGHESE,
CHACKALAMURIYIL HOUSE, MADATHUMBHAGOM NORTH P.O.
KALLOOPPARA VILLAGE, MALLAPPALLY TALUK
BY ADVS.
SRI T.P.PRADEEP
SRI P.K.SATHEES KUMAR
SMT.MINIKUMARY M.V.
SRI S.SREEKUMAR (SR.)
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA DISTRICT 688 001.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, THIRUVALLA, PATHANAMTHITTA
DISTRICT 689 101.
3 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, PERINGARA GRAMA
PANCHAYATH, PERINGARA P.O. PATHANAMTHITTA DISTRICT
689 108.
4 PERINGARA GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, PERINGARA P.O.
PATHANAMTHITTA DISTRICT 689 108
5 THE SECRETARY,
PERINGARA GRAMA PANCHAYAT, PERINGARA P.O.,
PATHANAMTHITTA DISTRICT 689 108.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 12
WP(C) NO. 18817 OF 2021
6 JOSEPH JOHN,
CHIRAPRAMBIL HOUSE, PERUMTHURUTHY P.O. THIRUVALLA,
689 107.
BY ADVS.
SHRI.VARGHESE M.EASO, SC, PERINGARA GRAMA PANCHAYAT
SRI K.SHAJ
SRI P.VISWANATHAN (SR.)
GOVT.PLEADER SRI B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2022, ALONG WITH WP(C).7037/2014 AND CONNECTED CASES, THE
COURT ON 10.5.2022 DELIVERED THE FOLLOWING:
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 13
T.R.RAVI, J.
-------------------------------------------------
W.P.(C)Nos.7037 of 2014, 9722 of 2014,
27737 of 2014, 3360 of 2021,
12890 of 2021, 16988 of 2021, & 18817 of 2021
--------------------------------------------------
Dated this the 10th day of May, 2022
JUDGMENT
W.P.(C).Nos.7037 of 2014, 9722 of 2014, 3360 of 2021 and
18817 of 2021 have been filed by one Sri K.P.Vijayan. W.P.(C)
Nos.27737 of 2014, 12890 of 2021 and 16988 of 2021 have been
filed by one Sri Joseph John. The crux of the dispute is that Sri
Vijayan had constructed a building which according to Sri Joseph
John has resulted in flooding of his properties. Sri Joseph contends
that the construction has been made in violation of the statutory
provisions, while Sri Vijayan defends the construction by saying that
his actions were in accordance with the law. Since all the cases
involve the very same issue, they are being considered and disposed
of together.
2. For convenience, W.P.(C)No.18817 of 2021 will be treated
as the main case. The reference to documents and the parties are in
accordance with what is stated in the above-said case. The petitioner
in the said case is Sri K.P.Vijayan and the 6 th respondent is Sri Joseph
John. The District Collector is the 1st respondent, the Revenue
W.P.(C)Nos.7037, 9722 & 27737 of 2014
Divisional Officer is the 2nd respondent, the Local Level Monitoring
committee is the 3rd respondent, and respondents 4 and 5 are the
Peringara Grama Panchayat and its Secretary.
3. According to the petitioner, he is an NRI who was doing
business in the Middle East for over 40 years. Trusting the words of
the State Administration inviting NRI investment in Kerala, the
petitioner says he decided to invest about 45 Crores to establish a
Convention Centre and shopping mall at Thiruvalla. He purchased
350.56 Ares of land comprised in Sy.Nos.167/3-1, 168/2, 168/4,
168/5, 169/1, 169/2, 169/3, 167/4, 168/3 and 170/1 of
Kavumbhagom Village (hereinafter referred to as the properties).
The properties were purchased from different persons prior to 2007.
According to the petitioner, the first phase of the project, that is, the
construction of the Convention Centre, is already completed. The
petitioner submits that at the time of the purchase itself the
properties were partly developed lands, filled with soil to a height of
1.25 Metres and covered with shrubs and some trees, including
coconut and mango trees at various places. It is submitted that
there was no paddy cultivation in the properties for the past more
than 30 years and that the surrounding properties were also
developed lands with buildings. According to him, the properties
were lying on a lower level than the MC Road on its western side and
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 15
would become waterlogged during the rainy seasons. The petitioner
hence planned to fill the properties with soil to a height of a further 4
Feet so that the level of the properties will be at the level of the MC
Road. As the properties were described as paddy land in the revenue
records, the petitioner applied to the 1st respondet on 17.5.2006 for
permission to use the properties for other purposes, under clause 6
of the Kerala Land Utilisation Order, 1967 (KLU order). By Ext.P1
dated 12.6.2006, the petitioner was granted permission for filling the
properties. Ext.P1 referred to the properties in Sy.Nos.167/3-1,
168/2, 168/3, 168/4, 169/1, 169/4-1 and 169/3. It can be seen
from the order itself that the lands had been developed upto a height
of 1.2 Metres several years back and that the lands were not suitable
for paddy cultivation. Based on Ext.P1, the petitioner developed the
properties to prevent inundation. Six months after Ext.P1 order, the
1st respondent issued Ext.P2 order dated 23.1.2007, cancelling
Ext.P1 order on the ground that the order was passed without taking
the opinion of the Principal Agricultural Officer and other officials.
The petitioner submits that Ext.P2 was issued without notice to the
petitioner and without hearing his version and that even prior to the
issuance of Ext.P2, the properties had been developed by filling soil.
It is further submitted that there is no power available under the KLU
order with the 1st respondent, to review his order. The petitioner
W.P.(C)Nos.7037, 9722 & 27737 of 2014
further submits that the 1st respondent had issued Ext.P2 order under
the influence of the 6th respondent, who according to the petitioner, is
a politician residing in the adjacent property.
4. The petitioner submits that even though the properties are
described as nilam in the revenue records, they are described as
purayidam in the title deeds. In the data bank prepared as per the
Kerala Conservation of Paddy Land and Wetland Act, 2008 (2008
Act), in relation to Peringara Panchayat, the properties belonging to
the petitioner are specifically mentioned as purayidam. Even though
the properties in Re-Sy.Nos.167/4, 168/3, and 170/1 were notified as
nilam in the data bank published initially, it was decided to change
the description as garden land and there was a direction to the
Secretary of the Panchayat to notify the correction. The certificate to
that effect issued by the Agricultural Officer, Peringara on 14.3.2013
has been produced as Ext.P3. The petitioner applied to the 2 nd
respondent for permission to start construction on the property. The
2nd respondent gave permission stating that he had personally
inspected the property and is convinced that the property had been
converted prior to the commencement of the 2008 Act. Ext.P4 dated
24.7.2013 is the order issued in that regard. Based on Ext.P4, the
petitioner approached the 4th and 5th respondents for issuance of a
building permit for the construction of the Convention Centre on his
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 17
property. The application was referred to the Chief Town Planner,
Thiruvananthapuram for sanction. The Chief Town Planner had
requested the 5th respondent to submit a feasibility report regarding
the project and stating whether sanction can be granted. The
Secretary had submitted Ext.P5 report before the Chief Town Planner.
In Ext.P5, it has been stated that the property had been developed
even before the commencement of the 2008 Act. Subsequently, a
detailed report was submitted by the District Town Planner to the
Chief Town Planner stating the details of the proposed construction
and its feasibility. The said report has been produced as Ext.P6. The
petitioner was thereafter issued Ext.P7 sanction on 24.1.2014.
Pursuant to Ext.P7, the 5th respondent also granted Ext.P8 building
permit to the petitioner on 28.1.2014. The project could not be
completed by the petitioner within the time granted in Ext.P8 and the
5th respondent had renewed the permit by order dated 5.4.2017.
5. After receiving Ext.P8 permit, further reclamation of the
property was required before effecting the construction, and hence,
the petitioner had applied to the 2nd respondent for permission to fill
up the property with soil. The 2 nd respondent had called for a report
from the Village Officer and the Village Officer submitted a report on
7.3.2014 stating that the petitioner's property is situated adjacent to
the MC Road and is demarcated by a compound wall on all sides. It
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 18
is also reported that there are Anjili, Coconut and Arecanut trees in
the properties. Accepting the report of the Village Officer, the 2 nd
respondent has granted sanction for filling the property on certain
conditions. The 2nd respondent's order dated 15.2.2014 is produced
as Ext.P9.
6. When the petitioner started filling up the properties based
on Ext.P9 sanction, the 2nd respondent issued another order
cancelling Ext.P9 permission alleging that the conditions prescribed
had been violated. The order cancelling Ext.P9 has been produced as
Ext.P10 and it is dated 3.3.2014. The petitioner thereupon
approached this Court by filing W.P.(C)No.7037 of 2014. On
18.3.2014, this Court stayed Ext.P10 order and permitted the
petitioner to continue with the filling up of the property with soil.
The interim order dated 18.3.2014 has been produced as Ext.P11.
After developing the land, the petitioner started construction of the
Convention Centre and for the purpose of strengthening the
basement of the building, further soil had to be deposited. The
petitioner approached the 2nd respondent again seeking permission to
fill up the basement of the building with soil. After elaborate
consideration, the 2nd respondent permitted the petitioner to put
3620 Cubic Metres of soil in the basement of the proposed
Convention Centre building. Ext.P12 dated 10.9.2015 is the order
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 19
granting the above permission. The petitioner thereafter approached
this Court by filing W.P.(C)No.11361 of 2016 for changing the
classification of the property in the BTR. By judgment dated
23.3.2016, which has been produced as Ext.P13, this Court directed
the Tahsildar, Thiruvalla to take a decision on the application
submitted by the petitioner for re-assessing the land under Section
6A of the Land Tax Act.
7. While the construction was halfway through, the 5 th
respondent issued a notice to the petitioner stating that the District
Collector has declined permission for construction in the petitioner's
property as per his letter dated 11.10.2017 and directed to stop
construction until a final decision is taken by the District Collector.
According to the petitioner, the notice was issued at the instance of
the 6th respondent. The notice has been produced as Ext.P14. The
1st respondent appears to have issued an order directing the 2 nd
respondent to initiate action against the petitioner's properties under
Section 13 of the 2008 Act. There is also a further direction to the
Local Body not to grant permission for construction. The order dated
11.10.2017 has been produced as Ext.P15. Pursuant to directions
issued by the 1st respondent, the 2nd respondent also issued Ext.P16
letter dated 11.11.2017 to the 5th respondent directing to stop the
construction in the petitioner's properties. Aggrieved by Exts.P14,
W.P.(C)Nos.7037, 9722 & 27737 of 2014
P15, and P16, the petitioner filed W.P.(C)No.8364 of 2018 before this
Court, and this Court by Ext.P17 order dated 13.3.2018, stayed the
operation of Exts.P14, P15, and P16. Purporting to be in compliance
with Ext.P13 judgment, the 1st respondent issued an order directing
the petitioner to restore the reclaimed paddy land comprised in Re-
Sy.Nos.167/4, 168/3, and 170/1 to their original position within 45
days. There is a further direction to the Tahsildar to consider the
application in the light of Section 27A of the 2008 Act for regularising
the land comprised in Re-Sy.Nos.167/3-1, 169/4-1, 168/4, 169/3,
169/1, 168/2, 168/5 and 169/2 of Kavumbhagom Village. The order
dated 8.3.2018 has been produced as Ext.P18. The petitioner
challenged Ext.P18 order by filing W.P.(C)No.9478 of 2018. By order
dated 20.3.2018 produced as Ext.P19, this Court stayed the
operation of Ext.P18 order. The petitioner completed the
construction of the Convention Centre with an area of 5602
Sq.Metres. The area exceeded the permitted construction area of
3620 Sq.Metres. The petitioner submitted a completion certificate
and sketches before the 5 th respondent for the purpose of numbering
the building and an application for regularisation of the additional
construction. Ext.P21 is the completion certificate. Ext.P22 is the
sketch and Ext.P23 is the receipt dated 30.12.2020 issued by the
Panchayat for having received the applications. On 16.6.2020, the
W.P.(C)Nos.7037, 9722 & 27737 of 2014
5th respondent wrote to the petitioner stating that the additional
construction is made in Sy.No.168/3 and that the said construction
was interdicted by the order of the District Collector and that the
building can be numbered only after getting a final decision from this
Court.
8. The petitioner approached the 3rd respondent for the
purpose of removing the reclaimed paddy lands comprised in Re-
Sy.Nos.167/4, 168/3 and 170/1 from the data bank. On the request
of the Agricultural Officer, the report from the Kerala State Remote
Sensing and Environment Centre (KSREC) was obtained for
ascertaining the nature of the property between the years 2004 and
2011. Ext.P25 is the report submitted by the KSREC. It is submitted
by the petitioner that as early as 2004 itself, the entire land was
partially filled with soil. The petitioner has produced Ext.P26 circular
dated 24.6.2019 issued by the Director of Panchayats as per which,
buildings granted permits prior to 31.12.2017 are to be numbered
without insisting on directions as per the provisions of the 2008 Act
as amended in 2018. The petitioner filed W.P.(C)No.12734 of 2020
for a direction to the 5th respondent to number the building. This
Court by a common judgment dated 29.9.2020 in W.P.(C)No.8364 of
2018, 9478 of 2018, 12785 of 2018, 12527 of 2020, and 12734 of
2020 directed the 4th respondent to assign building numbers if the
W.P.(C)Nos.7037, 9722 & 27737 of 2014
construction has been complied with in accordance with the building
permit. It was further held that if there is any violation, the
petitioner is free to apply for regularisation, which shall be
considered in accordance with the Rules. As far as violations relating
to the land are concerned, the Revenue Authority was given the
liberty to initiate against the petitioner in accordance with the law,
after hearing the petitioner. Ext.P27 is the common judgment dated
29.9.2020.
9. Pursuant to Ext.P27, the 2nd respondent issued notice to
the petitioner directing him to restore the reclaimed paddy lands
comprised in Re-Sy.Nos.167/4, 168/3, and 170/1 to their original
position within 15 days. Notice dated 27.11.2020 issued by the 2 nd
respondent is produced as Ext.P28. The Village Officer issued
prohibition orders to stop all construction activities in the lands
comprised in Sy.Nos.167/4, 168/3 and 170/1. Ext.P29 is the
prohibitory order dated 1.12.2020. The petitioner had filed
R.P.Nos.941 of 2020, 942 of 2020, and 943 of 2020 seeking review
of the common judgment Ext.P27. The petitioner has produced as
Ext.P31, the draft supplementary list of the data bank showing the
properties in Re-Sy.Nos.167/4, 168/3 and 170/1 as purayidam. The
supplementary list was forwarded to the Panchayat for notification as
per Ext.P32. While considering the review petitions, this Court by
W.P.(C)Nos.7037, 9722 & 27737 of 2014
order dated 17.12.2020, directed the petitioner to apply in Form 5
along with the relevant documents to the 2 nd respondent and further
directed the 2nd respondent to take necessary action within two
weeks. Ext.P33 is the order dated 17.12.2020 in R.P.No.943 of
2020. According to the petitioner, by Ext.P34 order, the 2 nd
respondent has rejected the application relying on the order of the
District Collector and without any consideration of the facts as well as
the report of the KSREC. Aggrieved by Ext.P34 order, the petitioner
filed W.P.(C)No.3360 of 2021 and by Ext.P35 order dated 20.2.2021,
this Court stayed the operation of Ext.P34. Thereafter, the 4 th
respondent published an erratum Gazette notification, excluding
certain lands which were notified as paddy land in the earlier Gazette
notification. This is pursuant to a decision taken by the Local Level
Monitoring Committee (LLMC) constituted in Peringara Panchayat to
correct the data bank by excluding the lands mistakenly included in
the data bank. The said notification also included the properties
belonging to the petitioner situated in Re-Sy.Nos.167/4, 168/3 and
170/1, which had already been decided to be removed from the data
bank by the LLMC. The Gazette notification dated 23.6.2021 in this
regard is produced as Ext.P36.
10. The 6th respondent has challenged Ext.P36 Gazette
notification in W.P.(C)No.16988 of 2021. The petitioner submits that
W.P.(C)Nos.7037, 9722 & 27737 of 2014
even though in Ext.P27 judgment this Court had directed numbering
of the building, the 5th respondent has declined to number the
building or regularise the building based on Ext.P18 order of the 1 st
respondent. The order dated 2.11.2020 issued by the 5 th respondent
has been produced as Ext.P37. While so the Review Petitions filed by
the petitioner were disposed of granting liberty to the petitioner to
challenge the order of the 2nd respondent. The order in the Review
Petition issued on 10.3.2021 has been produced as Ext.P38. A
contempt case initiated was also closed.
11. The petitioner submits that the 6th respondent is a local
politician and owns property near that of the petitioner and in fact,
the petitioner himself had purchased the property of the 6 th
respondent at an exorbitant price for the purpose of getting road
frontage for the property. The writ petition has been filed praying for
quashing Ext.P37 order issued by the 5 th respondent, for quashing
Ext.P18 order, for quashing Ext.P2 order, and for a direction to the 5 th
respondent to take steps to regularise the construction and to
number the building forthwith.
12. Heard Sri S.Sreekumar, Senior Advocate, instructed by
Sri T.P. Pradeep on behalf of the petitioner Sri K.P.Vijayan,
Sri P. Viswanathan, Senior Advocate, instructed by Sri K.Shaj,
Advocate on behalf of the 6th respondent, Government Pleader on
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 25
behalf of respondents 1, 2 and 3 and Sri Varghese M.Easo, Standing
Counsel for respondents 4 and 5.
13. In the writ petitions filed by the 6th respondent, the
challenge is against the permission granted to the petitioner for filling
up the land and regarding the removal of the lands in Sy.Nos.167/4,
168/3 and 170/1 from the data bank. The contention of the 6 th
respondent is that these lands were paddy lands and hence they
could not have been removed from the data bank as if they were
converted lands prior to 2008. By Ext.P36, the respondents 4 and 5
had issued a correction notification wherein 52 cases of wrong
inclusion had been considered and the lands had been removed from
the data bank. Sl.No.52 in Ext.P36 refers to the lands belonging to
the petitioner in Sy.Nos.167/4, 168/3 and 170/1. The said
notification is also challenged by the 6 th respondent. As far as the
petitioner is concerned, once the notification has been issued, most
of the controversies regarding the question of inclusion of the lands
in data bank do not survive.
14. Even though I have noticed the areas of dispute between
the parties, much of the controversy has been laid to rest by Ext.P27
common judgment of this Court in W.P.(C)No.8364 of 2018, 9478 of
2014, 12734 of 2020, 12785 of 2018 and 12527 of 2020 rendered on
29.9.2020. It can be seen from the judgment that the 6 th respondent
W.P.(C)Nos.7037, 9722 & 27737 of 2014
had submitted that he would be satisfied if proper drainage of water
is ensured by the petitioner. The legal contentions regarding the
permission to fill up the land to the level of the National Highway,
etc. had been virtually given up and the 6 th respondent only wanted a
solution for drainage of water from his property. Paragraphs 6 to 11
of the judgment are relevant for the purpose of disposal of these
cases and the same is extracted below;
"6. The learned senior Counsel appearing for Sri.K.P.Vijayan submits
that there are some practical difficulties for Sri.K.P. Vijayan in
allowing the claim of Sri. Joseph John as referable to Ext.P8 Order
issued by the Executive Engineer, Irrigation Department. However, it
is fairly submitted that an alternative arrangement can be made to
redress the grievance of Sri.Joseph John. This Court, at this juncture
pointed out that whether a drainage can be constructed under the
supervision of an Advocate Commission appointed by this Court. The
request has been acceded by the learned senior Counsel for Sri. K.P.
Vijayan as well as Joseph John.
7. Sri. Navaneeth D Pai, a learned Advocate of this Court is
appointed as Advocate Commission, in this regard.
8. In this circumstances, it is appropriate that Joseph john's
grievance be redressed by constructing a drainage by Sri.K.P.
Vijayan under the supervision of the Advocate Commission. The
Advocate Commission shall identify such area through which the
drainage can be made. He shall seek the assistance of the Executive
Engineer, Minor Irrigation Department, Pathanamthitta. The area
identified shall cause least inconvenience to Sri.K.P. Vijayan and also
ensure that grievance of Sri.Joseph John is redressed. Sri.K.P.
Vijayan shall also pay a sum of Rs.50,000/- (Rupees Fifty Thousand
Only) as a commission batta to the Advocate Commission.
9. In the light of above, The Peringara Grama Panchayat is directed
W.P.(C)Nos.7037, 9722 & 27737 of 2014
to assign building number, if the construction has been completed in
accordance with the building permit.
10. If there is any violation, Sri.K.P. Vijayan is also free to apply for
regularization and that shall be considered in accordance with Rules.
11. In regard to any violation in respect of the land, the Revenue
Authority is free to initiate action against Sri.K.P. Vijayan in
accordance with law after giving an opportunity to him. In that
event, necessarily, Revenue Administration is bound to refer to all
the orders passed by the RDO. Reserving liberty to the Revenue
Administration to initiate such action, these writ petitions are
disposed of with aforesaid directions."
15. In view of the judgment Ext.P27, there is no necessity to
go into the issues raised in writ petitions which were filed prior to the
judgment, that is, W.P.(C)No.7037 of 2014, 9722 of 2014, and 27737
of 2014 since none of the grievances can now survive and the parties
will be bound by the principle of constructive res judicata. This Court
is only concerned about what happened after Ext.P27 judgment. In
paragraph 11 of Ext.P27, this Court had given liberty to the Revenue
Authority to initiate action against the petitioner in accordance with
law as far as the alleged violations are concerned. The authorities
have already corrected the data bank and in the final data bank, the
petitioner's properties have been excluded. However, it is admitted
on either side that even though this Court had in Ext.P27 judgment
appointed an Advocate Commissioner to redress the grievance of the
6th respondent by the construction of drainage at the cost of the
petitioner, the same has not been carried out even as on today and
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 28
there is no report available regarding the compliance with the said
direction. The petitioner submits that he is still willing to do
whatever is necessary to correct the situation. Even though an
attempt was made during the hearing to find a solution by asking the
counsel on either side to conduct a joint inspection of the property,
the same did not materialize.
16. Sri P.Viswanathan, Senior Advocate appearing on behalf of
the petitioner in W.P.(C)No.16988 of 2021 submits that even though
Ext.P27 may bind the parties, the same cannot be understood to be
having the effect of estoppel against statutory provisions. It is
submitted that by Ext.P1, the petitioner was given permission with
respect to about 5.20 Acres. By Ext.P2 dated 23.1.2007, the order
was cancelled. Much later, by Ext.P8, the petitioner was granted a
building permit. Soon thereafter, the Revenue Divisional Officer
issued Ext.P9 order on 15.2.2014 whereby permission was granted
for filling up to the level of the road based on certain conditions. The
counsel referred to condition No.3 in Ext.P9 which said that while
filling up, it must be ensured that a distance of at least 2 Metres is
provided from the boundaries of the neighbouring properties.
Condition No.4 says that the filling up of land should not affect the
free flow of water. According to the petitioner, these conditions have
been violated, which is the reason for the flooding of water in the
W.P.(C)Nos.7037, 9722 & 27737 of 2014
properties of Sri Joseph John. In Ext.P11 interim order, this Court
ordered that the petitioner could fill up as permitted in Ext.P9. Sri
P.Viswanathan points out that Sri Joseph John had preferred a
complaint Ext.P4 on 26.8.2014 itself before the Revenue Divisional
Officer pointing out that the petitioner has not provided a drainage
system by the side of the filled land in order to ensure the free flow
of water. The counsel referred to Ext.P5 series of photographs which
have been produced in W.P.(C)No.16988 of 2021 and submits that
the photographs had been taken as early as March 2014. It is
submitted that the photographs along with Ext.P6 produced in the
said writ petition would show that the attempt is to construct an
auditorium in a paddy field. The counsel further submits that in W.P.
(C)No.12527 of 2020, Sri Joseph John had prayed for a satellite
survey by the KSREC to ascertain the nature of the lands in 2008.
The counsel further points out that in Ext.P13 judgment in W.P.
(C)No.11361 of 2016 filed by the petitioner, this Court had directed
the Tahsildar to take a decision on Ext.P10 request dated 9.3.2016
filed by the petitioner. It is thereafter that by Ext.P18, it was ordered
that the petitioner should restore the lands in Sy.Nos.168/3, 170/1,
and 167/4 to their original position. The Senior Counsel submits that
the issue basically pertains to the land in the said survey numbers
which were not originally excluded from the data bank but were later
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 30
excluded by preparing a supplemental list.
17. The Senior Counsel points out that as far as Ext.P27
judgment is concerned, the judgment has three parts. The first part
relates to the grievance of Sri Joseph John. The second part relates
directions to the Panchayat regarding assigning of building number
and the third part relates to the liberty to the Revenue to initiate
action for violation in respect of the land. The counsel then refers to
the interim commission report filed by the Advocate Commissioner
appointed as per Ext.P27. He points out that even though this Court
had directed the petitioner to provide drainage at his expense, the
petitioner had submitted that constructing drainage as per the plan
will cause huge financial expense and loss and would damage the
frontage of his property. It is stated that the petitioner had pointed
out that he had constructed 69 rainwater pits to collect the whole
water which falls on the side of the property and the same is being
taken to a flowing canal on the northern side. According to Sri
Joseph John, rainwater pit will not redress his grievance. The
Commissioner has further submitted that he had requested the
officials of the Minor Irrigation Department to find out whether there
is an alternative method for constructing the drainage with the least
damage to the petitioner, which would also address the grievance of
Sri Joseph John. The Commissioner has pointed out that if drainage
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 31
is to be constructed to drain water from Sri Joseph John's property,
the drainage should have more than 5 Feet depth and must be
constructed through the property of Sri Vijayan. The Advocate
Commissioner has in his report stated that there is a delay in
obtaining a feasible solution from the officials of the Minor Irrigation
Department and hence an interim report alone is being filed.
18. On the question of the legality of the actions, the Senior
Counsel submits that the procedure which must be followed as per
law was not followed. Reference is made to Section 5 of the 2008
Act and Rule 4 of the Rules to submit that Ext.P28 produced in W.P.
(C)No.16988 of 2021 which is the same as Ext.P36 produced in W.P.
(C)No.18817 of 2021 cannot be sustained. The counsel also
referred to the photographs taken through Google Earth in 2013 to
submit that the filling up has been done after 2008 and hence the
finding that the properties were filled up prior to 2008 is not correct.
The counsel points out that the first reclamation was done based on
Ext.P1 which was issued in 2006 and it did not relate to
Sy.Nos.167/4, 168/3 and 170/1. It is submitted that prior to 2008,
the Kerala Land Utilisation Order was applicable. It is further
submitted that under Section 5 of the 2008 Act, the issue must be
considered in a meeting of the LLMC, and the decision recorded in
the minutes of the meeting, followed by a Gazette notification
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 32
regarding the nature of the property. It is submitted that the
Committee cannot suo motu change the published data bank.
Reference is made to the decision in Salim C.K. & Anr. v. State of
Kerala & Ors. reported in [2017 (1) KHC 394] in paragraphs 6
and 7. The counsel further points out that as per the 2008 Act as
amended in 2017, there could not have been a reclamation after
2008 and the petitioner will not be entitled to the benefit under
Section 27A of the 2008 Act. It is submitted that Ext.P3 could not
hence have been issued, since there was no power of review
available justifying the issuance of the supplementary list. The
counsel submitted that the issue can be finally resolved only by
getting satellite pictures regarding the actual situation in 2008 and
even though orders have been issued in favour of the petitioner
including the properties in Sy.Nos.167/4, 168/3, and 170/1, the
same have been done without any scientific analysis and hence need
to be corrected. The counsel referred to the judgment in Ratheesh
v State of Kerala reported in [2013 (3) KLT 840]. It is further
submitted that the petitioner is not entitled to claim any equity, since
he has violated not only the statutory provisions but also the
directions in Ext.P27 judgment.
19. Sri S.Sreekumar, Senior Advocate appearing for the
petitioners submitted in reply that Section 5(3) is not relevant, since
W.P.(C)Nos.7037, 9722 & 27737 of 2014
it came into force only in 2017. He refers to Ext.P1 and submits that
the lands in Sy.No.168/3 have been included in Ext.P1 and it was
only when the data bank was published that it was shown as a paddy
land, which was necessarily a mistake, which needed to be corrected.
The counsel referred to Ext.P19 produced in W.P.(C)No.16988 of
2021 which is the report of the KSREC, which can be relied on as per
the Statute. It is seen from the said report that the properties in
Sy.Nos.167/4, 168/2, 168/3, 168/4, 168/5, and 169/3 were
observed with thin vegetation cover and partially soil exposed in the
data in 23.12.2004 and under thick vegetation cover in 2011. It is
stated in the report that properties in 169/1, 169/3, and 170/1 were
observed with partial vegetation, exposed soil cover, and scattered
trees in the data relating to 23.12.2004. Regarding property in
Sy.No.169/2 also it is stated that the plot is bordered by a road in the
west and was partially seen with exposed soil towards the southern
part in the data of 2004 and was observed under vegetation cover in
2011. It is hence submitted that the lands regarding which
objections have been raised which are situated in Sy.Nos.167/4,
168/3, and 170/1 were not observed as paddy lands even as per the
KSREC report as early as 2004, which is prior to the coming into
force of the 2008 Act. The counsel hence submits that there is
nothing illegal in removing these properties from the data bank as it
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 34
is supported by scientific data. The counsel further submits that it
can be seen from Ext.P3 that the correction was carried out to the
Gazette publication made in 24.3.2012 and Ext.P3 says that the
supplemental list was prepared by the Agricultural Officer before the
due date and submitted to the Panchayat for approval and
notification of the area furnished as garden land owned by the
petitioner. Regarding Ext.P2 it is submitted that by the time Ext.P2
was issued, the filling up has already been done. It is pointed out
that even in Ext.P2 what is stated is that the order was issued
without getting views of other Officers and there was no direction to
restore the land to the earlier position.
20. I have considered the arguments advanced on either side
and the documents and evidence produced on record. I find
considerable force in the contentions raised by the Senior Counsel
appearing on behalf of the petitioner. In Ext.P27, this Court had given
liberty to the Revenue Officers to take a decision on the violations
alleged against the petitioner. The concerned authorities have, after a
re-look into the matter, found that the entire properties belonging to
the petitioner are to be excluded from the data bank. This Court is of
the considered opinion that the said decision of the authorities does
not warrant any interference by this Court in exercise of its
extraordinary jurisdiction under Article 226 of the Constitution of
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 35
India. Moreover, a roving enquiry into the aspect is not warranted at
the instance of the 6th respondent who is bound by Ext.P27
judgment. The Senior Counsel appearing for the 6 th respondent
referred to the decision of the Hon'ble Supreme Court in Hope
Plantations Ltd. v. Taluk Land Board [1999 (5) SCC 590] to
contend that there cannot be an estoppel against a Statute. On the
said legal proposition there can be no different opinion. However,
what this Court is concerned with in this case is not that of estoppel
against a Statute. The legal principle that stands against the 6 th
respondent are more in the nature of "cause of action estoppel" and
"issue estoppel". The above principles have also been elaborately
considered in Hope Plantations (supra) in paragraph 27 of the
judgment. Reference was also made to the decision of the Apex
Court in Satyendra Kumar & Ors. v. Raj Nath Dubey & Ors.
[(2016) 14SCC 49] to contend that the Court cannot be precluded
from deciding on a pure question of law correctly, by relying on the
principles of res judicata and on the decision of this Court in Kerala
Bar Hotels Association v. State of Kerala [2014 (2) KLT 518],
to contend that there cannot be an estoppel by judgment disabling
the Government from re-framing their policies from time to time.
Neither of the above judgments can aid the 6th respondent in any
manner in a case of this nature, where the 6th respondent had in
W.P.(C)Nos.7037, 9722 & 27737 of 2014
earlier proceedings between the same parties, restricted his remedy
to the aspect of drainage of water from his properties.
21. This Court is of the considered opinion that the grievance
of the 6th respondent can only be with regard to the non-compliance
with the directions contained in Ext.P27, as regarding the drainage of
water from his property.
22. In view of the findings stated above, the writ petitions are
disposed of in the following manner;
(1) In W.P.(C)No.7037 of 2014 filed by the
petitioner in W.P.(C)No.18817 of 2021, the prayer is to
quash Ext.P10 order whereby the Revenue Divisional
Officer had cancelled the permission granted for filing
up the land on 15.2.2014. In the light of the subsequent
events, no further orders are required in the above writ
petition and the parties will be bound by the directions
contained in Ext.P27 judgment produced in W.P.
(C)No.18817 of 2021 and this judgment. The writ
petition is closed.
(2) W.P.(C)No.9722 of 2014 has been filed by the
petitioner in W.P.(C)No.18817 of 2021, praying for a
declaration that the properties belonging to the
petitioner are 'purayidam' and for a direction to make
W.P.(C)Nos.7037, 9722 & 27737 of 2014
necessary changes accordingly in the Basic Tax Register.
The above declaration is no longer required in view of
the fact that the properties belonging to the petitioner
have already been removed from the data bank as per
Ext.P36 notification. The writ petition is closed with the
observation that the petitioner will be entitled to all the
benefits based on Ext.P36 notification.
(3) W.P.(C)No.27737 of 2014 has been filed by the
5th respondent in W.P.(C)No.18817 of 2021 praying for a
declaration that the permissions granted to the
petitioner for filling up the land are illegal and praying
for a direction to remove the earth from the property of
the petitioner in W.P.(C)No.18817 of 2021. The
petitioner is not entitled to the reliefs prayed for in view
of the judgment Ext.P27. The writ petition is hence
dismissed.
(4) W.P.(C)No.3360 of 2021 has been filed by the
petitioner in W.P.(C)No.18817 of 2021 praying to quash
Ext.P32 proceedings dated 25.1.2021 issued by the
Revenue Divisional Officer rejecting the prayer made by
the petitioner for removing the properties in Re-
Sy.Nos.167/4, 168/3, and 170/1 from the data bank.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 38
The above prayer is no longer relevant in view of the
subsequent events and issuance of Ext.P36 Gazette
notification whereby the properties have already been
removed from the data bank. The writ petition is hence
closed.
(5) W.P.(C)No.12890 of 2021 has been filed by the
5th respondent in W.P.(C)No.18817 of 2021. The prayers
are for directions to the petitioner in W.P.(C)No.18817 of
2021 to provide proper drainage and avoid flooding of
water in his properties. There are also prayers for the
restoration of the properties of the petitioner in W.P.
(C)No.18817 of 2021 to their original position. None of
the reliefs prayed for, except those relating to the
drainage of water, can be agitated by the petitioner in
W.P.(C)No.12890 of 2021 in view of the judgment
Ext.P27. The prayers D,E, F, G and H are hence
rejected. Regarding prayers A, B and C, the parties will
be bound by the directions that follow. The writ petition
is disposed of in the above manner.
(6) W.P.(C)No.16988 of 2021 has been filed by the
5th respondent in W.P.(C)No.18817 of 2021 praying for a
direction to the National Centre for Earth Science
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 39
Studies to identify the paddy and wetland in the entire
property of the petitioner in W.P.(C)No.18817 of 2021
on the basis of satellite pictures available for the periods
2013, 2014 and 2015 as well as the paddy land and
wetland adjoining the property of the petitioner in W.P.
(C)No.18817 of 2021 which have also been converted.
There is also a prayer for a direction to the Village
officer, Kavumbhagom Village, and the Agricultural
officer, Krishi Bhavan, Peringara to produce the records
relating to the preparation of the supplementary data
bank. In view of the specific finding of this Court in
paragraph 20 above that the decision of the authorities
to exclude the properties of the petitioner in W.P.
(C)No.18817 of 2021 from the data bank does not
warrant interference, no purpose will be served by
granting the prayers in this writ petition. The writ
petition is hence dismissed.
(7) W.P.(C)No.18817 of 2021 has been filed seeking
to quash Ext.P37 order issued by the 5 th respondent
rejecting the prayer made for regularisation of the
building which has been constructed by the petitioner on
the reason that the request can be considered only after
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 40
orders are issued regarding the nature of the lands
belonging to the petitioner. In view of Ext.P36
notification, the objection raised in Ext.P37 no longer
survives. The 5th respondent is directed to reconsider
the request made by the petitioner for regularisation of
his building and for numbering the same in accordance
with the law, treating that the properties on which the
building has been constructed are not paddy land or
wetland as defined in the 2008 Act. There are further
prayers to quash Exts.P18 and P2. Ext.P18 is the order
dated 8.3.2018 issued by the 1st respondent directing
consideration of the application for conversion of the
properties in Re-Sy.Nos.167/3-1, 169/4-1, 168/4,
169/3, 169/1, 168/2, 168/5, and 169/2 on receipt of an
application under Section 27A of the 2008 Act, if filed.
There is a direction to the Revenue Divisional Officer to
pass necessary orders in compliance with the judgment
in W.P.(C)No.7037 of 2014 and further direction to
restore the properties in Re-Sy.Nos.167/4, 168/3, and
170/1 to their original position. In view of the
subsequent events and Ext.P36 notification whereby the
entire properties belonging to the petitioner have been
W.P.(C)Nos.7037, 9722 & 27737 of 2014
removed from the data bank, there is no further
justification for the directions contained in Ext.P18.
Ext.P18 is hence quashed. Ext.P2 is the order dated
23.1.2007 issued by the District Collector whereby the
permission granted to the petitioner to fill up the land
was cancelled. Since the properties have already been
declared not to be paddy land or wetland, Ext.P2 cannot
be sustained and is hence quashed.
23. In Ext.P27 judgment, this Court had directed the Advocate
Commissioner to supervise the construction of the drainage by the
petitioner in W.P.(C)No.18817 of 2021 to avoid water leakage in the
properties of the 5th respondent in W.P.(C)No.18817 of 2021. The
Advocate Commissioner has submitted an interim report wherein it is
stated that he had taken up the issue with the Executive Engineer of
the Minor Irrigation Department for suggesting an alternative for the
construction of the drainage. It is also stated that no further action
has been taken thereafter. The Advocate Commissioner appointed by
this Court in Ext.P27 judgment shall take necessary steps for
completing the process of putting up of the drainage. The petitioner
in W.P.(C)No.18817 of 2021 is directed to carry out the construction
of the drainage under the supervision of the Advocate Commissioner
as already directed in Ext.P27. The concerned officials of the Minor
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 42
Irrigation Department shall provide necessary assistance to the
Advocate Commissioner for carrying out the duties entrusted with the
Commissioner. The petitioner in W.P.(C)No.18817 of 2021 is directed
to pay a further sum of Rs.30,000/- to the Advocate Commissioner
towards part remuneration. The Advocate Commissioner may issue
notice to the parties as well as the concerned officials of the Minor
Irrigation Department and proceed to get the work completed
through the petitioner in W.P.(C)No.18817 of 2021, at the earliest at
any rate, within three months from the date of receipt of a copy of
this judgment. The writ petition is accordingly disposed of.
24. For the purpose of carrying out the work, if the Advocate
Commissioner requires further orders, he may bring up the matter by
filing appropriate applications in W.P.(C)No.18817/2021.
Sd/-/-
T.R.RAVI
JUDGE
dsn
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 43
APPENDIX OF WP(C) 7037/2014
PETITIONER EXHIBITS
EXHIBIT-P1: TRUE COPY OF THE ORDER OF THE 1ST RESPONDNT
DATED 12.6.2006.
EXHIBIT-P2: TRUE COPY OF THE CERTIFICATE OF THE AGRICULTURAL
OFFICER DATED 14.3.2013.
EXHIBIT-P3: TRUE COPY OF THE RELEVANT PORTION OF THE DATA
BANK.
EXHIBIT-P3(A): TRUE COPY OF THE SUPPLEMENTARY LIST.
EXHIBIT-P4: TRUE COPY OF THE ORDER OF THE R.D.O. DATED
24.7.2013.
EXHIBIT-P5: TRUE COPY OF THE BUILDING PERMIT DATED
28.1.2014.
EXHIBIT-P6: TRUE COPY OF THE PERMISSION OF DISTRICT TOWN
PLANNER DATED 1.8.2013.
EXHIBIT-P7: TRUE COPY OF THE PERMISSION OF CHIEF TOWN
PLANNER DATED 24.1.2014.
EXHIBIT-P8: TRUE COPY OF THE LETTER OF THE GRAMA PANCHAYATH.
EXHIBIT-P9: TRUE COPY OF THE ORDER OF THE R.D.O. DATED
15.02.2014.
EXHIBIT-P10: TRUE COPY OF THE ORDER OF THE R.D.O. DATED
3.3.2014.
EXHIBIT-P11: TRUE COPY OF THE REQUEST OF THE PETITIONER DATED
7.3.2014.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 44
APPENDIX OF WP(C) 9722/2014
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE ORDER OF THE IST RESPONDENT
DATED 12.6.2006.
EXHIBIT P2 COPY OF THE CERTIFICATE OF THE
AGRICULTURAL OFFICER DATED 14.3.2013
EXHIBIT P3 COPY OF THE RELEVANT PORTION OF THE DATA
BANK.
EXHIBIT P3(a) COPY OF THE SUPPLEMENTARY LIST.
EXHIBIT P4 COPY OF THE ORDER OF THE R.D.O.DATED
24.7.2013
EXHIBIT P5 COPY OF THE BUILDING PERMIT DATED
28.1.2014
EXHIBIT P6 COPY OF THE PERMISSION OF DISTRICT TOWN
PLANNER DATED 1.8.2013
EXHIBIT P7 COPY OF THE PERMISSION OF CHIEF TOWN
PLANNER DATED 24.1.2014
EXHIBIT P8 COPY OF THE LETTER OF THE GRAMA PANCHAYATH
EXHIBIT P9 COPY OF THE REQUEST OF THE PETITIONER
DATED 30.03.2014.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 45
APPENDIX OF WP(C) 27737/2014
PETITIONER EXHIBITS
EXHIBIT P1. TRUE COPY OF THE PROCEEDINGS DATED 12.06.2006
ISSUED BY THE DEPUTY COLLECTOR, PATHANAMTHITTA.
EXHIBIT P2. TRUE COPY OF THE PROCEEDINGS NO.A3/719/14 DATED
15.02.2014 ISSUED BY THE REVENUE DIVISIONAL,
THIRUVALLA.
EXHIBIT P3. TRUE COPY OF THE ORDER NO.A3/719/14 DATED
03.03.2014 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4. TRUE COPY OF THE COMPLAINT DATED 26.08.2014 FILED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P5. TRUE COPY OF THE REPLY DATED 22.09.14 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P6. TRUE PHOTOGRAPHS SHOWING THE EXISTENCE OF WATER
STREAM PRIOR TO THE RECLAMATION OF THE PROPERTY.
EXHIBIT P7: TRUE COPY OF APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE2ND RESPONDENT ON 1.9.2015.
EXHIBIT P8: TRUE COPY OF APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT ON 15.9.3015
EXHIBIT P9: TRUE COPY OF CERTIFICATE ISSUED BY THE
AGRICULTURAL OFFICER, PERINGARA TO THE PETITIONER
UNDER THE RTI ACT
EXHIBIT P10: TRUE COPY OF CERTIFICATE ISSUED BY THE
INFORMATION OFFICER, KAVUMBHAGAM VILLAGE TO THE
PETITIONER.
EXHIBIT P7(PRODUCED ALONG WITH REPLY AFFIDAVIT):
TRUE COPY OF LETTER DT.11.3.2014 ISSUED BY THE
RDO, THIRUVALLA TO THE SECRETARY PERINGARA GRAMA
PANCHAYAT.
RESPONDENTS' EXTS:
EXT.R5(A): TRUE COPY OF ORDER OF THE 1ST RESPONDENT
DT.12.6.2006
EXT.R5(B): TRUE COPY OF CERTIFICATE OF THE AGRICULTURAL
OFFICER DT.14.3.2013
EXT.R5(C): TRUE COPY OF RELEVANT PORTION OF THE DATA BANK
EXT.R5(D): TRUE COPY OF THE SUPPLEMENTARY LIST
EXT.R5(E): TRUE COPY OF ORDER OF THE RDO DT.24.7.13
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 46
WP(C) 27737/2014
EXT.R5(F): TRUE COPY OF BUILDING PERMIT DT.28.1.2014
EXT.R5(G): TRUE COPY OF PERMISSION OF DISTRICT TOWN PLANNER
DT.1.8.13
EXT.R5(I): TRUE COPY OF LETTER OF THE GRAMA PANCHAYAT
EXT.R5(J): TRUE COPY OF ORDER OF THE RDO DT.15.2.2014
W.P.(C)Nos.7037, 9722 & 27737 of 2014
APPENDIX OF WP(C) 3360/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT
DATED 12.6.2006 IN PROCEEDINGS NO.C4-
28196/2006/K.DIS.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 23.1.2007 IN
PROCEEDINGS NO.C4-3066/2007 OF THE 1ST
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
AGRICULTURAL OFFFICER,PERINGARA DATED 14.3.2013
EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE REVENUE
DIVISIONAL OFFICER,THIRUVALLA DATED 24.7.2013 TO
THE DISTRICT TOWN PLANNER,PATHANAMTHITTA
EXHIBIT P5 TRUE COPY OF THE REPORT SUBMITTED BY THE
SECRETARY PERINGARA GRAMA PANCHAYAT BEFORE THE
CHIEF TOWN PLANNER
EXHIBIT P6 TRUE COPY OF THE REPORT SUBMITTED BY TOWN
PLANNER,PATHANAMTHITTA DATED 1.8.2013 BEFORE THE
CHIEF TOWN PLANNER,THIRUVANANTHAPURAM
EXHIBIT P7 TRUE COPY OF THE SANCTION GIVEN BY THE CHIEF TOWN
PLANNER,THIRUVANANTHAPURAM DATED 24.1.2014
EXHIBIT P8 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE
SECRETARY PERINGARA GRAMA PANCHAYATH DATED
28.1.2014
EXHIBIT P9 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT
BEARIN PROCEEDINGS NO.A3-719/14 DATED 15.2.2014
EXHIBIT P10 TRUE COPY OF THE 0RDER 3.3.2014 IN PROCEEDINGS
NO.A3-719/14 OF 2ND RESPONDENT
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 18.3.2014 IN WRIT
PETITION NO.7037/2014
EXHIBIT P12 TRUE COPY OF THE ORER DATED 10.9.2015 IN
PROCEEDING NO.C2-4581/15 PASSED BY THE 2ND
RESPONDENT
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 23.03.2016 IN
WP(C)NO.11361/2016
EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 29.01.2018 ISSUED
BY THE SECRETARY,PERINGARA GRAMA PANCHAYAT
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 11.10.2017 ISSUED BY
THE 1ST RESPONDENT
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 48
WP(C) 3360/2021
EXHIBIT P16 TRUE COPY OF THE LETTER DATED 01.11.2017 OF THE
2ND RESPONDENT
EXHIBIT P17 TRUE COPY OF THE INTERIM ORDER DATED 13.03.2018
IN W.P(C)NO.8364/18
EXHIBIT P18 TRUE COPY OF THE ORDER DATED 08.03.2018 0F THE
1ST RESPONDENT
EXHIBIT P19 TRUE COPY OF THE ORDER DATED 20.03.2018 IN
WP(C)NO.9478/2018.
EXHIBIT P20 TRUE COPY OF THE PHOTOGRAPHS OF THE CONVENTION
CENTRE
EXHIBIT P21 TRUE COPY OF THE COMPLETION CERTIFICATE
EXHIBIT P22 TRUE COPY OF THE COMMUNICATION DATED 16.06.2020
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P23 TRUE COPY OF THE REPORT OF THE KSRSEC
EXHIBIT P24 TRUE COPY OF THE COMMON JUDGMENT DATED 29.09.2020
IN WP(C)NO.8364/18,9478/18,12785/18,12527/20 AND
12734/20
EXHIBIT P25 TRUE COPY OF THE NOTICE DATED 27.11.2020 ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P26 TRUE COPY OF THE PROHIBITORY ORDER DATED
01.12.2020 OF THE VILLAGE OFFICER
EXHIBIT P27 TRUE COPY OF THE RELEVANT PAGES OF DATABANK OF
PERINGARA PANCHAYAT
EXHIBIT P28 TRUE COPY OF THE DRAFT OF SUPPLEMENTARY LIST OF
DATA BANK
EXHIBIT P29 TRUE COPY OF THE SUPPLEMENTARY LIST OF DATA BANK.
EXHIBIT P30 TRUE COPY OF THE ORDER DATED 17.12.2020 IN
RP.NO.943/2020
EXHIBIT P31 TRUE COPY OF THE FORM 5 DATED 23.12.2020
EXHIBIT P32 TRUE COPY OF ORDER DATED 25.01.2021 OF THE 2ND
RESPONDENT.
TRUE COPY OF ORDINARY GAZETTE NOTIFICATION
EXHIBIT P33
DT.23.5.2021 IN BEARING NO.A2.274/2021 PASSED BY
THE 4TH RESPONDENT.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 49
WP(C) 3360/2021
RESPONDENTS' EXTS:
EXT.R6(1): PHOTOGRAPHS OF THE PROPERTIES OF THE PETITIONER
TAKEN IN 2014
EXT.R6(2): TRUE COPY OF NEWS REPORT IN RESPECT OF THE
ILLEGAL RECLAMATION OF THE PETITIONER PUBLISHED
IN THE MALAYALA MANORAMA NEWS DAILY DT.30.3.14
EXT.R6(3)(A): TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE PETITIONER FOR THE YEAR (WITH
MONTH) 1/2013
EXT.R6(3)(B): TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE PETITIONER FOR THE YEAR (WITH
MONTH) 12/2013
EXT.R6(3)(C): TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE PETITIONER FOR THE YEAR (WITH
MONTH) 11/2015
EXT.R6(3)(D): TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE PETITIONER FOR THE YEAR (WITH
MONTH) 1/2019
EXT.R6(4): TRUE COPY OF SATELLITE IMAE FOR THE YEAR 2013
PERTAINING TO PEROPERTY OF THE PETITONER ALONG
WITH SOME SURVEY NUMBERS
EXT.R6(5): TRUE COPY OF SATELLITE PICTURES OF THE YEAR 2013
IN RESPECT OF THE PROPERTIES OF THE PETITIONER
WITH MEASUREMENTS
EXT.R6(6): TRUE COPY OF SATELLITE PICTURES OF THE YEAR 2015
IN RESPECT OF PROPERTIES OF THE PETITIONER WITH
MEASUREMENTS
EXT.R6(7): TRUE COPY OF REPORT No.KPB 5/2017-18
DT.23.2.2018 OF THE AGRICULTURAL OFFICER,
PERINGARA.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 50
APPENDIX OF WP(C) 12890/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF PROCEEDINGS NO C4-
28196/2006K.DIS DATED 12-06-2006 ISSUED BY THE
DEPUTY COLLECTOR IN -CHARGE OF DISTRICT
COLLECTOR, PATHANAMTHITTA.
Exhibit P2 THE TRUE COPY OF PROCEEDINGS NO. A3-719/14
DATED 15-02-2014 OF THE 2ND RESPONDENT
Exhibit P3 THE TRUE COPY OF ORDER NO. A3/719/14 DATED 03-
03-2014 OF THE 2ND RESPONDENT
Exhibit P4 THE TRUE COPY OF COMPLAINT DATED 26-08-2014
PREFERRED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P5 THE TRUE COPY OF PHOTOGRAPHS OF THE PROPERTIES
OF THE 9TH RESPONDENT TAKEN IN 2014
Exhibit P6 THE TRUE COPY OF NEWS REPORT IN RESPECT OF THE
ILLEGAL RECLAMATION OF THE 9TH RESPONDENT
PUBLISHED IN THE MALAYALA MANORAM NEWS DAILY
Exhibit P7 THE TRUE COPY OF ORDER NO. C4-16808/2014 DATED
08-03-2018 ISSUED BY THE FIRST RESPONDENT
Exhibit P8 THE TRUE COPY OF LETTER NO. A-B2-312/18DATED
02-05-2018 SUBMITTED BY THE 6TH RESPONDENT TO
THE FIRST RESPONDENT.
Exhibit P9 THE TRUE COPY OF INTERIM ORDER DATED 20-03-2018
IN W.P.C NO. 9478/2018 OF THIS HON'BLE COURT
Exhibit P10 THE TRUE COPY OF COMMON JUDGMENT DATED 29-09-
2020 IN W.PC. NO. 12527/2020, W.P. NO.
8364/2018, W.P.C NO. 9478/2018, W.P.C NO.
12785/2018 AND W.P.C NO. 12734/2020 OF THIS
HON'BLE COURT
Exhibit P11 THE TRUE COPY OF INTERIM ORDER DATED 18-03-2014
IN W.P(C) NO. 7037/2014 OF THIS HON'BLE COURT.
Exhibit P12 THE TRUE COPY OF REPORT NO. K.P.B 5/2017-18
DATED 23-02-2018 OF THE 7TH RESPONDENT
Exhibit P13 THE TRUE COPY OF NOTICE NO. A3-2595/2016 DATED
27-11-2020 OF THE 2ND RESPONDENT/SUB COLLECTOR.
Exhibit P14 THE TRUE COPY OF ORDER NO 259/2020 DATED 01-12-
2020 OF THE 4TH RESPONDENT ISSUED TO THE 9TH
RESPONDENT
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 51
WP(C)12890/2021
Exhibit P15 THE TRUE COPY OF THE SO CALLED DRAFT OF THE
SUPPLEMENTARY LIST OF DATABANK ISSUED BY THE
7TH RESPONDENT AND PRODUCED BY THE 8TH
RESPONDENT IN REVIEW PETITIONS NO. 941/2020,
942/2020 AND 943/2020 BEFORE THIS HON'BLE
COURT.
Exhibit P16 THE TRUE COPY OF THE SO CALLED SUPPLEMENTARY
LIST OF DATA BANK PURPORTEDLY ISSUED BY THE 7TH
RESPONDENT AND PRODUCED BY THE 9TH RESPONDENT
IN REVIEW PETITIONS NO. 941/2020 AND 943/2020
BEFORE THIS HON'BLE COURT.
Exhibit P17 THE TRUE COPY OF CERTIFICATE DATED 14-03-2013
ISSUED BY THE THEN AGRICULTURAL OFFICER,
PERINGARA
Exhibit P18 THE TRUE COPY OF INTERIM ORDER DATED 17-12-2020
IN REVIEW PETITION NO. 943/2020 OF THIS HON'BLE
COURT
Exhibit P19 THE TRUE COPY OF SALELLITE REPORT OF THE 8TH
RESPONDENT IN RESPECT OF THE PROPERTIES OF THE
9TH RESPONDENT
Exhibit P20(A) THE TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 9TH RESPONDENT FOR THE YEAR
(WITH MONTH) 1/2003
Exhibit P20(B) THE TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 9TH RESPONDENT FOR THE YEAR
(WITH MONTH) 12/2004
Exhibit P20(C) THE TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 9TH RESPONDENT FOR THE YEAR
(WITH MONTH) 12/2013
Exhibit P20(D) THE TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 9TH RESPONDENT FOR THE YEAR
(WITH MONTH) 11/2015
Exhibit P20(E) THE TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 9TH RESPONDENT FOR THE YEAR
(WITH MONTH) 1/2016
Exhibit P20(F) THE TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 9TH RESPONDENT FOR THE YEAR
(WITH MONTH) 2/2018
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 52
WP(C)12890/2021
Exhibit P20(G) THE TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 9TH RESPONDENT FOR THE YEAR
(WITH MONTH) 1/2019
Exhibit P20(H) THE TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 9TH RESPONDENT FOR THE YEAR
(WITH MONTH) 1/2020
Exhibit P21 THE TRUE COPY OF SATELLITE IMAGE FOR THE YEAR
2013 PEERTAINING TO PROPERTY OF THE 9TH
RESPONDENT ALONG WITH SOME SURVEY NUMBERS
Exhibit P22 THE TRUE COPY OF SATELITE IMAGE FOR THE YEAR
2013 PERTAINING TO PROPERTY OF THE 9TH
RESPONDENT WITH MEASUREMENTS
Exhibit P23 THE TRUE COPY OF SATELLITE PICTURES OF THE YEAR
2015 IN RESPECT OF THE PROPERTIES OF THE 9TH
RESPONDENT WITH MEASUREMENTS
Exhibit P24 THE TRUE COPY OF INTERIM COMMISSION REPORT
DATED 07-01-2021 FILED BY THE ADVOCATE
COMMISSIONER BEFORE THIS HON'BLE COURT IN
W.P(C0 NO. 12527/2020
Exhibit P25 THE TRUE COPY OF PRESENT STATE OF THE PROPERTY
OF THE PETITIONER IN AN INUNDATED STAGE
Exhibit P26 PHOTOGRAPHS SHOWING THE BOUNDARY SEPARATING THE
PROPERTY OF THE PETITIONER AND 9TH RESPONDENT
SIGNIFYING THAT NO SPACE WAS LEFT IN BETWEEN BY
THE 9TH RESPONDENT
Exhibit P27 THE TRUE COPY OF REQUEST DATED 15-01-2021
PREFERRED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P28 THE TRUE COPY OF INTERIM ORDER DATED 13-01-2021
IN R.P NO. 943/2020 IN W.PC NO 12734/2020 OF
THIS HON'BLE COURT
Exhibit P29 THE TRUE COPY OF ORDER NO. 2933/20/A3 DATED 25-
01-2021 OF TE 2ND RESPONDENT
Exhibit P30 THE TRUE COPY OF ORDER DATED 10-03-2020 IN
REVIEW PETITIONS NO. 941/2020, 942/2020 AND
943/2020 OF THIS HON'BLE COURT.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 53
APPENDIX OF WP(C)16988/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF PROCEEDINGS NO.C4-
28196/2006K.DIS DATED 12.06.2006 ISSUED BY THE
DEPUTY COLLECTOR IN -CHARGE OF DISTRICT
COLLECTOR, PATHANAMTHITTA
Exhibit P2 THE TRUE COPY OF PROCEEDINGS NO.A3-719/14 DATED
15.02.2014 OF THE 2ND RESPONDENT
Exhibit P3 THE TRUE COPY OF ORDER NO.A3/719/14 DATED
03.03.2014 OF THE 2ND RESPONDENT
Exhibit P4 THE TRUE COPY OF COMPLAINT DATED 26.08.2014
PREFERRED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P5 THE PHOTOGRAPHS OF THE PROPERTIES OF THE 13TH
RESPONDENT TAKEN IN 2014
Exhibit P6 THE TRUE COPY OF NEWS REPORT IN RESPECT OF THE
ILLEGAL RECLAMATION OF THE 13TH RESPONDENT
PUBLISHED INT HE MALAYALA MANORAMA NEWS DAILY ON
30.03.2014
Exhibit P7 THE TRUE COPY OF ORDER NO.C4-16808/2014 DATED
08.03.2018 ISSUED BY THE 1ST RESPONDENT
Exhibit P8 THE TRUE COPY OF LETTER NO.A-B2-312/18 DATED
02.05.2018 SUBMITTED BY THE 8TH RESPONDENT TO THE
1ST RESPONDENT
Exhibit P9 THE TRUE COPY OF INTERIM ORDER DATED 20.03.2018
IN WPC NO.9478/2018 OF THIS HON'BLE COURT
Exhibit P10 THE TRUE COPY OF COMMON JUDGMENT DATED 29.09.2020
IN WPC NO.12527/2020, WPC NO.8364/2018, WPC
NO.9478/2018,WPC NO.12785/2018 AND WPC
NO.12734/2020 OF THIS HON'BLE COURT
Exhibit P11 THE TRUE COPY OF INTERIM ORDER DATED 18.03.2014
IN WPC NO.7037/2014 OF THIS HON'BLE COURT
Exhibit P12 THE TRUE COPY OF REPORT NO.K.PB.5/2017 -18 DATED
23.02.2018 OF THE 9TH RESPONDENT
Exhibit P13 THE TRUE COPY OF THE NO.A3-2595/2016 DATED
27.11.2020 OF THE 2ND RESPONDENT/SUB COLLECTOR
Exhibit P14 THE TRUE COPY OF ORDER NO.259/2020 DATED
01.12.2020 ISSUED BY THE 5TH RESPONDENT TO THE
13TH RESPONDENT
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 54
WP(C)16988/2021
Exhibit P15 THE TRUE COPY OF SO CALLED DRAFT OF THE
SUPPLEMENTARY LIST OF DATA BANK ISSUED BY THE 9TH
RESPONDENT AND PRODUCED BY THE 13TH RESPONDENT IN
REVIEW PETITIONER NO.941/2020 , 942/2020 AND
943/2020 BEFORE THE HON'BLE COURT
Exhibit P16 THE TRUE COPY OF SO CALLED DRAFT OF THE DATA BANK
PURPORTEDLY ISSUED BY THE 9TH RESPONDENT AND
PRODUCED BY THE 13TH RESPONDENT IN REVIEW
PETITIONER NO.941/2020 , 942/2020 AND 943/2020
BEFORE THE HON'BLE COURT
Exhibit P17 THE TRUE COPY OF CERTIFICATE DATED 14.03.2012
ISSUED BY THE THEN AGRICULTURAL OFFICER,
PERINGARA
Exhibit P18 TRUE COPY OF THE INTERIM ORDER DATED 17.12.2020
IN REVIEW PETITIONS NO.941/2020, 942/2020 AND
943/2020. THE TRUE COPY OF INTERIM ORDER DATED
17.12.2020 INTERVIEW PETITION NO.943/2020 OF THIS
HON'BLE COURT
Exhibit P19 TRUE COPY OF SATELLITE REPORT OF THE 11TH
RESPONDENT IN RESPECT OF THE PROPERTIES OF THE
13TH RESPONDENT
Exhibit P20A TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 13TH RESPONDENT FOR THE YEAR
(WITH MONTH)1/2003
Exhibit P20B TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 13TH RESPONDENT FOR THE YEAR
(WITH MONTH)12/2013
Exhibit P20C TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 13TH RESPONDENT FOR THE YEAR
(WITH MONTH) 111/2015
Exhibit P20D TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 13TH RESPONDENT FOR THE YEAR
(WITH MONTH) 1/2016
Exhibit P20E TRUE COPY OF SATELLITE IMAGE PERTAINING TO
PROPERTY OF THE 13TH RESPONDENT FOR THE YEAR
(WITH MONTH) 2/2018
Exhibit P21 TRUE COPY OF SATELLITE IMAGE FOR THE YEAR 2013
PERTAINING TO PROPERTY OF THE 13TH RESPONDENT
ALONG WITH SURVEY NUMBERS
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 55
WP(C)16988/2021
Exhibit P22 THE TRUE COPY OF SATELLITE PICTURES OF THE YEAR
2013 IN RESPECT OF THE PROPERTIES OF THE 13TH
RESPONDENT WITH MEASUREMENTS
Exhibit P23 THE TRUE COPY OF SATELLITE PICTURES OF THE YEAR
2015 IN RESPECT OF THE PROPERTIES OF THE 13TH
RESPONDENT WITH MEASUREMENTS
Exhibit P24 TRUE COPY OF INTERIM COMMISSION REPORT DATED
07.01.2021 FILED BY THE ADVOCATE COMMISSIONER
BEFORE THIS HON'BLE COURT IN WPC NO.12527/2020
Exhibit P25 THE TRUE COPY OF INTERIM ORDER DATED 13.01.2021
IN RP BO.943/202 IN WPC NO.12734/2020 OF THIS
HON'BLE COURT
Exhibit P26 THE TRUE COPY OF ORDER NO.2933/20/A3 DATED
25.01.2021 OF THE 2ND RESPONDENT
Exhibit P27 THE TRUE COPY OF ORDER DATED 10.03.2021 IN REVIEW
PETITIONS N.941/2020, 942/2020 AND 943/2020 OF
THIS HON'BLE COURT
Exhibit P28 THE TRUE COPY OF KERALA EXTRAORDINARY GAZETTE
NO.A.2.274/2021 DATED 23.06.2021
RESPONDENTS' EXTS:
EXT.R13(A) TRUE COPY OF SALE DEED EXECUTED BY THE PETITIONER
IN FAVOUR OF THE 13TH RESPONDENT
EXT.R13(B) TRUE COPY OF LETTER ISSUED BY THE REVENUE
DIVISIONAL OFFICER, THIRUVALLA DT.24.7.2013
EXT.R13(C) TRUE COPY OF JUDGMENT DT.23.3.2016 IN WPC
11361/2016
EXT.R13(D) TRUE COPY OF GOOGLE EARTH IMAGE OF THE YEAR 2011
EXT.R13(E) TRUE COPY OF GOOGLE EARTH IMAGE OF THE YEAR 2012
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 56
APPENDIX OF WP(C) 18817/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF THE IST RESPONDENT
DATED 12.6.2006 IN PROCEEDINGS NO. C4-
28196/2006 .K.DIS.
Exhibit P2 TRUE COPY OF THE ORDER DATED 23.1.2007 IN
PROCEEDINGS NO. C4-3066/2007 OF THE IST
RESPONDENT.
Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
AGRICULTURAL OFFICER, PERINGARA DATED 14.3.2013.
Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE REVENUE
DIVISIONAL OFFICER, THIRUVALLA DATED 24.7.2013 TO
THE DISTRICT TOWN PLANNER, PATHANAMTHITTA.
Exhibit P5 TRUE COPY OF THE REPORT SUBMITTED BY THE
SECRETARY, PERINGARA GRAMA PANCHAYAT BEFORE THE
CHIEF TOWN PLANNER.
Exhibit P6 TRUE COPY OF THE REPORT SUBMITTED BY TOWN
PLANNER, PATHANAMTHITTA DATED 1.8.2013 BEFORE THE
CHIEF TOWN PLANNER , THIRUVANANTHAPURAM.
Exhibit P7 TRUE COPY OF THE SANCTION GIVEN BY THE CHIEF TOWN
PLANNER, THIRUVANANTHAPURAM DATED 24.1.2014.
Exhibit P8 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE
SECRETARY PERINGARA GRAMA PANCHAYATH DATED
28.1.2014.
Exhibit P9 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT
BEARING PROCEEDINGS NO. A3-719/14 DATED
15.2.2014.
Exhibit P10 TRUE COPY OF THE ORDER DATED 3.3.2014 IN
PROCEEDINGS NO. A3-719/14 OF 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE ORDER DATED 18.3.2014 IN WRIT
PETITION NO. 7037/2014.
Exhibit P12 TRUE COPY OF THE ORDER DATED 10.9.2015 IN
PROCEEDINGS NO. C2-4581/15 PASSED BY THE 2ND
RESPONDENT.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 23.03.2016 IN WPC
NO. 11361/2016.
Exhibit P14 TRUE COPY OF THE NOTICE DATED 29.01.2018 ISSUED
BY THE SECRETARY, PERINGARA GRAMA PANCHAYAT.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 57
WP(C)18817/2021
Exhibit P15 TRUE COPY OF THE ORDER DATED 11.10.2017 ISSUED BY
THE IST RESPONDENT.
Exhibit P16 TRUE COPY OF THE LETTER DATED 01.11.2017 OF THE
2ND RESPONDENT.
Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED 13.04.2018
IN WPC NO. 8364/2018.
Exhibit P18 TRUE COPY OF THE ORDER DATED 08.03.2018 OF THE
IST RESPONDENT.
Exhibit P19 TRUE COPY OF THE ORDER DATED 20.03.2018 IN WPC
NO. 9478/2018.
Exhibit P20 TRUE COPY OF THE PHOTOGRAPHS OF THE CONVENTION
CENTRE.
Exhibit P21 TRUE COPY OF THE COMPLETION CERTIFICATE.
Exhibit P22 TRUE COPY OF THE SKETCHES.
Exhibit P23 TRUE COPY OF THE RECEIPT DATED 30.12.2020.
Exhibit P24 TRUE COPY OF THE COMMUNICATION DATED 16.06.2020
ISSUED BY THE 5TH RESPONDENT.
Exhibit P25 TRUE COPY OF THE REPROT OF THE KSRSEC.
Exhibit P26 TRUE COPY OF THE CIRCULAR DATED 24.06.2019 OF THE
DIRECTOR OF PANCHAYAT.
Exhibit P27 TRUE COPY OF THE COMMON JUDGMENT DATED 29.9.2020
IN WPC NO. 8364/18,9478/18,12785/18, 12527/20 AND
12734/20
Exhibit P28 TRUE COPY OF THE NOTICE DATED 27.11.2020 ISSUED
BY THE 2ND RESPONDENT.
Exhibit P29 TRUE COPY OF THE PROHIBITORY ORDER DATED
01.12.2020 OF THE VILLAGE OFFICER.
Exhibit P30 TRUE COPY OF THE RELEVANT PAGES OF DATABANK OF
PERINGARA PANCHAYAT.
Exhibit P31 TRUE COPY OF THE DRAFT OF SUPPLEMENTARY LIST OF
DATA BANK.
Exhibit P32 TRUE COPY OF THE SUPPLEMENTARY LIST OF DATA BANK.
Exhibit P33 TRUE COPY OF THE ORDER DATED 17.12.2020 IN RP NO.
943/2020.
W.P.(C)Nos.7037, 9722 & 27737 of 2014
& 3360, 12890,16988 & 18817 of 2021 58
WP(C)18817/2021
Exhibit P34 TRUE COPY OF ORDER DATED 25.01.2021 OF THE 2ND
RESPONDENT.
Exhibit P35 TRUE COPY OF THE INTERIM ORDER DATED 10.02.2021
IN WPC NO. 3360/2021.
Exhibit P36 TRUE COPY OF THE GAZETTE NOTIFICATION NO.
A2.274/2021 DATED 23.06.2021.
Exhibit P37 TRUE COPY OF THE ORDER NO. A2-2666/2020 DATED
02.11.2020 OF THE 5TH RESPONDENT.
Exhibit P38 TRUE COPY OF THE ORDER DATED 10.03.2021 IN RP NO.
941/2020.
Exhibit P39 TRUE COPY OF THE SALE DEED EXECUTED BY THE 6TH
RESPONDENT IN FAVOUR OF THE PETITIONER.
RESPONDENTS' EXTS:
EX.R5(A) TRUE COPY OF ORDER C.4.28196/2006 K.DIS.
DT.12.6.2006 ISSUED BY THE DEPUTY COLLECTOR (GENERAL)
PATHANAMTHITTA
EX.R5(B) TRUE COPY OF LETTER DT.27.5.16 OF THE DISTRICT
COLLECTOR, PATHANAMTHITTA
EX.R5(C) TRUE COPY OF LETTER DT.26.9.16 OF THE PERINGARA GRAMA
PANCHAYAT
EX.R5(D) TRUE COPY OF LETTER DT.30.12.19 TO THE VILLAGE
OFFICE, KAVUMBHAGOM
EX.R5(E) TRUE COPY OF LETTER NO.A2-5047/19 DT.18.12.2019 FROM
THE 4TH RESPONDENT TO THE PETITIONER
EX.R5(F) TRUE COPY OF LETTER NO.A2-50 DT.16.6.2020 FROM THE
4TH RESPONDENT TO THE PETITOINER
EX.R5(G) TRUE COPY OF LETTER NO.AAG-RT/8364/2018/WPC
DT.29.9.2020 BY THE GOVT.PLEADER TO THE DISTRICT
COLLECTOR
EX.R5(H) TRUE COPY OF LETTER NO.C416808/14 DT.10.11.2020 SENT
BY THE DISTRICT COLLECTOR, PATHANAMTHITTA
EX.R5(I) TRUE COPY OF RESOLUTION NO.9/1 DT.23.2.2021
EX.R5(J) TRUE COPY OF CERTIFICATE DT.14.3.2013 ISSUED BY THE
3RD RESPONDENT.
EX.R5(K) TRUE COPY OF LETTER NO.A2-274/18 DT.16.8.2021 SENT BY
THE SECRETARY, PERINGARA GRAMA PANCHAYAT TO THE RDO,
THIRUVALLA.
