Bhuvaneswari vs Mannarkkad Municipality
2023 Latest Caselaw 3506 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                  WP(C) NO. 34222 OF 2016
PETITIONER:

         BHUVANESWARI
         AGED 26 YEARS, W/O. RAMAKRISHNAN,
         THEKKEPURAM HOUSE, MANNARKKAD,
         PALAKKAD DISTRICT.
         BY ADV SRI.P.JAYARAM

RESPONDENTS:

    1      MANNARKKAD MUNICIPALITY
           REPRESENTED BY ITS SECRETARY,
           P.O. MANNARKKAD, PIN- 678 582.
    2      THE SECRETARY
           MANNARKKAD MUNICIPALITY,
           P.O. MANNARKKAD, PIN- 678 582.
    3      THE VILLAGE OFFICER
           MANNARKKAD-I VILLAGE,
           P.O. MANNARKKAD, PIN- 678 582.
    4      THE LOCAL LEVEL MONITORING COMMITTEE
           REPRESENTED BY ITS CONVENOR,
           THE AGRICULTURE OFFICER, P.O.
           MANNARKKAD, PIN- 678 582.
    5      THE ASSISTANT EXECUTIVE ENGINEER
           KERALA STATE ELECTRICITY BOARD,
           MANNARKKAD, PIN- 678 582.
    6      THE ASSISTANT ENGINEER
           KERALA WATER AUTHORITY,
           P.H. SECTION, MANNARKKAD, PIN- 678 582.
    7      STATE OF KERALA
           REPRESENTED BY THE SECRETARY,
           DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695 001.
          BY ADVS.SRI.K.M.FAISAL, GP
          SRI.P.R.VENKATESH
          SRI.P.BENJAMIN PAUL, SC,KWA
          G.KEERTHIVAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.34222/2016

                                       2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.34222 of 2016
              ----------------------------------------------
            Dated this the 24th day of March, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. Declare that the provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008, are not applicable to petitioners' property covered by Exhibit P1 and P2 documents. ii. Issue a writ of certiorari or other appropriate writ, direction or order quashing Exhibit P7 order. iii. Issue a writ of mandamus or other appropriate writ, direction or order directing the 2nd respondent to inspect the property, hear the petitioner and re-assign number to petitioner's land.

iv. Declare that the cancellation/revocation of Exhibit P3 possession certificate is bad in law. v. Grant such other reliefs found just and proper in the facts and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration

on 15.02.2023, there was no representation. Thereafter the

matter came up on 02.03.2023 and on that day, the case was WP(C).No.34222/2016

adjourned to today for disposal. Today also, there is no

representation. There is appearance for respondents 1 and 2.

The Standing Counsel for KSEB appeared for the 5 th

respondent. The counsel for respondents 1 and 2 submitted

that the prayers in this writ petition are infructuous at this

distance of time.

3. This writ petition is filed challenging Ext.P7. In

Ext.P7, the Panchayat Secretary informed that the possession

certificate issued is already cancelled by the Village Officer

and the same is intimated to the Panchayat and hence Ext.P7

is issued. If that be the case, the petitioner has to challenge

the cancellation order passed by the Village Officer in

accordance with law. Since there is no representation for the

petitioner, I think this writ petition need not be retained

indefinitely.

The petitioner is free to challenge the proceedings of the

Village Officer in accordance with law.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.34222/2016

APPENDIX OF WP(C) 34222/2016

PETITIONER EXHIBITS EXT. P1 TRUE COPY OF THE SALE DEED NO. 6007 OF 2015, S.R.O. MANNARKKAD.

EXT. P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 18.12.2015 ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, MANNARKKAD-I.

EXT. P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01.03.2016 ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, MANNARKKAD-I.

EXT. P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 03.05.2016 ISSUED TO THE PETITIONER FROM MANNARKKAD MUNICIPALITY.

EXT. P5 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 26.09.2016 ISSUED TO THE PETITIONER FROM MANNARKKAD MUNCIPALITY.

EXT. P6 TRUE COPY OF THE NOTICE DATED 17.10.2016 ISSUED BY THE PETITIONER TO THE SECRETARY, MANNARKKAD MUNCIPALITY. EXT. P7 TRUE COPY OF THE ORDER DATED 17.10.2016 ISSUED TO THE PETITIONER BY THE SECRETARY, MANNARKKAD MUNCIPALITY. EXT. P7(A) TRUE COPY OF THE PHOTOGRAPHS SHOWING THE TOPOGRAPHY OF THE PETITIONER'S SHED.