Kerala High Court
Isac John Kottadiyil vs The Village Officer,Ayamanam on 15 September, 2022
WP(C) NO. 22145 OF 2009 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
WP(C) NO. 22145 OF 2009
PETITIONER/S:
ISAC JOHN KOTTADIYIL
COTTAGE, EREZHA SOUTH P.O., CHETTIKULANGARA P.O.,,
MAVELIKKARA, ALAPPUZHA DISTRICT. BY POWER OF,
ATTORNEY HOLDER K.SATHEESH BABU, KANJIRATHIL,,
THIRUVATHUKKAL, KOTTAYAM DISTRICT.
BY ADVS.
MATHEW B. KURIAN
K.T.THOMAS
RESPONDENT/S:
1 THE VILLAGE OFFICER,AYMANAM
KOTTAYAM DISTRICT.
2 THE GRAMA PANCHAYATH
AYMANAM, KOTTAYAM DISTRICT., REPRESENTED BY ITS
SECRETARY.
3 THE DISTRICT COLLECTOR KOTTAYAM.
ADDL.R4 *LOCAL LEVEL MONITORING COMMITTEE
AYMANOM GRAMA PANCHAYAT, AYMANOM, REPRESENTED BY ITS
CONVENOR, AGRICULTURE OFFICER, KRISHI BHAVAN,
AYMANAM, KOTTAYAM - 686 015. (IS IMPLEADED AS PER
ORDER IN IA 11256/15 DATED 3.8.15)
ADDL.R6 *REVENUE DIVISIONAL OFFICER,
WP(C) NO. 22145 OF 2009 2
KOTTAYA(IS IMPLEADED AS ADDL.R5 IN THIS WRIT PETITION
AS PER ORDER DATED 15.9.22)
BY ADV SRI.T.I.ABDUL SALAM
OTHER PRESENT:
SRI.C.N.PRABHAKARAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22145 OF 2009 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.22145 of 2009
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Dated this the 15th day of September, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(a) Call for the records connected with the case,
(b) Issue a writ of certiorari or other appropriate writ or order
quashing Ext.12 and P14 stop memos as without jurisdiction
(c) Issue a writ of mandamus or other appropriate writ or
order directing the 3rd respondent to pass orders setting aside
Ext.P12 and P14 orders passed by the 1 st respondent without
jurisdiction on considering Ext.P15 application.
(d) Pass such other orders, as this Hon'ble Court may deem fit
and proper in the circumstances of the case." [SIC]
2. The writ petition is filed mainly challenging Exts.P12
and P14 orders. Ext.P12 is an order passed by the Village
Officer, Aymanam in which it is stated that the petitioner is
converting the nature of the land situated in block No.9 re-
survey Nos.45, 46 and 47 of Aymanam Village. In Ext.P12, there
is a prohibitory order against the conversion. Ext.P14 is also a
stop memo issued by the Village Officer for the same purpose.
Aggrieved by the prohibitory order and the stop memo, this writ
petition is filed.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. According to the petitioner, the constructions were
made in the property much before the Kerala Conservation of
Paddy and Wetland Act, 2008 (for short 'Act, 2008') come into
force. According to the petitioner, he will be able to substantiate
the same before the authority. It is also submitted that the
Village Officer is not the statutory authority even as per Act,
2008. The Government Pleader on the other hand submitted that
the Village Officer issued those orders on inspection and there
is nothing to interfere with the same.
5. This Court considered the contentions of the petitioner
and the learned Government Pleader. Admittedly, the statutory
authority to decide about the violation of the provisions of the
Act, 2008 is the additional 5th respondent. If that is the case,
without expressing any opinion on merit, Exts.P12 and P14 can
be quashed and the additional 5 th respondent can be directed to
consider the matter after giving an opportunity of hearing to the
petitioner. I make it clear that I have not considered the matter
on merit and the additional 5th respondent is free to pass
appropriate orders in accordance to law.
Therefore, this writ petition is disposed of with the
following directions :
1) Exts.P12 and P14 are quashed.
2) The additional 5th respondent is directed to reconsider
the matter after giving an opportunity of hearing to
the petitioner as expeditiously as possible, at any rate,
within three months from the date of receipt of a copy
of this judgment.
3) Petitioner will produce a copy of the writ petition
along with the certified copy of this judgment before
the addl. 5th respondent for compliance.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE ASSIGNMENT DEED DATED 25.11.2004
EXT.P2 TRUE COPY OF THE LETTER GIVEN BY THE 2ND RESPONDENT
DATED 29.11.2004
EXT.P3 TRUE COPY OF THE APPLICATION SENT BY THE PETITIONER TO
THE REVENUE DIVISIONAL OFFICER, KOTTAYAM WITH COPY TO THE CHIEF
MINISTER OF KERALA AND MINISTER FOR TOURISM AND THE LOCAL MEMBER
OF PARLIAMENT, DATED 2.6.2006
EXT.P4 TRUE COPY OF THE REPORT SUBMITTED BY THE 1ST
RESPONDENT DATED 6.10.2006
EXT.P5 TRUE COPY OF THE LETTER DT. 10.6.2006 SENT BY THE
LOCAL PADASEKHARA COMMITTEE TO THE PETITIONER.
EXT.P6 TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO
THE PETITIONER, DT 7.10.2006
EXT.P7 TRUE COPY OF THE INVITATION CARD FOR FUNCTION OF
LAYING THE FOUNDATION STONE ON 10.5.2007
EXT.P8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST
RESPONDENT DT 2.2.2008
EXT.P9 TRUE COPY OF THE PHOTOGRAPH SHOWING THE STAGE OF THE
CONSTRUCTION OF THE BUILDING
EXT.P10 TRUE COPY OF THE PERMIT GRANTED BY THE 2ND RESPONDENT
DT 29.11.2008
EXT.P11 TRUE COPY OF THE LOCATION SKETCH DT 24.4.2009 ISSUED
BY THE 1ST RESPONDENT
EXT.P12 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT
DT 2.6.2009
EXT.P13 TRUE COPY OF THE APPLICATION FOR PERMISSION TO CONDUCT
THE FISH FARMING ON CONVERTING THE UNCULTIVATED LAND ALONG WITH
THE REPORT OF THE 1ST RESPONDENT AND FISHERIES DEPARTMENT DT
2.6.2009
EXT.P14 TRUE COPY OF THE STOP MEMO GIVEN BY THE 1ST RESPONDENT
TO THE PETITIONER DT 23.6.2009
EXT.P15 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT DT 27.6.2009
EXT.P16 TRUE COPY OF THE STATEMENT GIVEN TO THE 1ST RESPONDENT
DATED 13.7.2009
EXT.P17 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT DT 23.9.2009
EXT.P18 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONR TO THE 2ND RESPONDENT DT 9.2.2010
EXT.P18(A) TRUE COPY OF THE BUILDING PLAN SUBMITTED ALONG
WITH EXT.P18 APPLICATION.
EXT.P19 TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND
RESPONDENT ON SUBMITTING EXT.P18 APPLICATION AND EXT.P18(A) PLAN
DT 9.2.2010
RESPONDENT'S EXHIBITS : NIL
