M.M.Joseph vs The State Of Kerala
2022 Latest Caselaw 5292 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                &
          THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
   TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
                   WP(C) NO. 16025 OF 2022
PETITIONER:

          M.M.JOSEPH
          AGED 69 YEARS
          S/O.LATE MATHAN, STATE GENERAL SECRETARY,
          "JANAKEEYA VIVARAVAKASHA PRAVARTHAKA SAMITHY',
          KERALA SAMSTHANA KHADAKAM,
          (REG.NO. TVM/PC/1604/2014), KAVUMBHAGAM P.O,
          CHERUVALLY VILLAGE, KANHIRAPPALLY TALUK,
          KOTTAYAM - 686159.


          BY ADV.
          SRI.K.PRAVEEN KUMAR


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.
    2     THE DISTRICT COLLECTOR,
          FIRST FLOOR, CIVIL STATION, KAKKANADU,
          ERNAKULAM - 682030.
    3     THE TAHASILDAR,
          KUNNATHUNADU TALUK,
          PERUMBAVOOR P.O,
          ERNAKULAM - 683542.
    4     THE VILLAGE OFFICER,
          SOUTH AIKARANADU VILLAGE,
          KOLENCHERY P.O,
          ERNAKULAM - 682311.
    5     THARAVALEL ELIAS,
          THARAEVELAYIL HOUSE,
          RAMAMANGALAM P.O,
          SOUTH IKARANADU VILLAGE,
          KUNNATHUNADU TALUK,
          ERNAKULAM DISTRICT - 682311.
                                   2

W.P.(C) No.16025 of 2022

     6      PRINCE ELIAS,
            S/O. ELIAS, THARAEVELAYIL HOUSE,
            RAMAMANGALAM P.O, SOUTH IKARANADU VILLAGE,
            KUNNATHUNADU TALUK,
            ERNAKULAM DISTRICT - 682311.


            SRI.V.K.SUNIL-SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 17.05.2022, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
                                         3

W.P.(C) No.16025 of 2022

                            JUDGMENT

Anu Sivaraman, J

This writ petition is filed seeking the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the respondents 2 to 4 to take immediate steps to stop the 5th and 6th respondents from carrying out any activities in the illegally converted paddy land and encroached public property and also from carrying our further conversion of paddy lands;

ii) direct the 2nd respondent to take appropriate steps to restore the illegally converted paddy land by 5 th and 6th respondents in its original position as provided under Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act;

iii) issue a writ of mandamus or any other appropriate writ, order or direction to 4 th respondent to consider and pass orders on Ext.P4 as expeditiously as possible;

iv) pass an order of injunction restraining respondents 5th and 6th respondents from carrying out any construction activities in the subject land, i.e subject matter of Ext.P1 to P4;

v) to issue such other writ, order or direction as this Honourable Court may deem fit and proper in the

W.P.(C) No.16025 of 2022

circumstances of the case."

2. It is submitted by the learned counsel for the

petitioner that the petitioner is the General Secretary of a

registered organisation which is formed inter alia to protect

the exploitation of natural resources and to protect the

interest of poor people. It is submitted that the 5 th and 6th

respondents have encroached upon puramboke land and

illegally converted about 10 cents of paddy land without any

permissions from the appropriate authorities. Complaining of

these facts, petitioner has preferred Exts.P1 and P4

representations before the Tahsildar and the Village Officer

respectively and seeks directions for consideration of the

same.

3. Having heard the Government Pleader and without

expressing any view on the merits of the matter, there will be

a direction to the 3 rd respondent to take up Ext.P1

representation submitted by the petitioner to consider and

pass appropriate orders on the same with notice to

respondents 5 and 6 and any other affected parties.

W.P.(C) No.16025 of 2022

Appropriate orders shall be passed within a period of two

months from the date of receipt of a copy of the judgment.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE PV

W.P.(C) No.16025 of 2022

APPENDIX OF WP(C) 16025/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 23.09.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 16.02.2022 SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER.

Exhibit P3 TRUE COPY OF THE REPLY NO.G2-1999/2022 DATED 21.02.2022.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 23.04.2022 SENT TO THE 4TH RESPONDENT.