Kerala High Court
K.R. Aniyankunju vs State Of Kerala on 3 January, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
WP(C) NO. 29596 OF 2022
PETITIONER/S:
K.R. ANIYANKUNJU, AGED 66 YEARS
S/O. LATE K.K. RAGHAVAN, AGED 66 YEARS,
KAVUMPARAYIL, POTHAMEDU POST, MUNNAR IDUKKI
DISTRICT, PIN - 685612
BY ADVS.
K.P.SUDHEER
P.ANIRUDHAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 THE DISTRICT COLLECTOR
IDUKKI DISTRICT, PAINAVU POST, IDUKKI, PIN -
685603
3 THE REVENUE DIVISIONAL OFFICER
DEVIKULAM, DEVIKULAM POST, IDUKKI DISTRICT, PIN
- 685613
4 THE TAHASILDAR
DEVIKULAM, DEVIKULAM POST, IDUKKI DISTRICT, PIN
- 685613
WP(C) No.29596 of 2022
..2..
5 THE VILLAGE OFFICER
PALLIVASAL , 2ND MILE POST, IDUKKI DISTRICT, PIN
- 685565
6 THE GEOLOGIST
MINING & GEOLOGY, DISTRICT OFFICE, IDUKKI, MINI
CIVIL STATION, THODUPUZHA - IDUKKI DISTRICT.,
PIN - 685584
7 PALLIVASSAL GRAMA PANCHAYATH
PALLIVASAL, 2ND MILE POST, PALLIVASSAL, IDUKKI
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN -
685565
BY ADV SHRI.JOICE GEORGE, PALLIVASAL GRAMA
PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.29596 of 2022
..3..
JUDGMENT
A. MUHAMED MUSTAQUE, J.
Having heard the learned counsel for the
petitioner and the learned Government Pleader, it is
appropriate that the District Collector shall pass
orders pursuant to the action taken on Ext.P13. The
petitioner shall appear before the District Collector
on 10.01.2024 at 11 am. Thereafter, the District
Collector shall pass final orders without any further
delay. In the meanwhile, no coercive steps shall be
taken against the petitioner. We make it clear that
the petitioner shall not undertake any construction
in the property on the strength of this judgment.
The writ petition is disposed of, accordingly.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
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APPENDIX OF WP(C) 29596/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PATTA NO. B3/1741/93
DATED 29/01/2015 ISSUED TO THE
PETITIONER BY THE 4TH RESPONDENT
EXHIBIT P2 TRUE COPY OF PATTA NO. B3/1741/93
DATED 29/01/2015 ISSUED TO THE
PETITIONER BY THE 4TH RESPONDENT AND
EXHIBIT P3 TRUE COPY OF BASIC TAX RECEIPT NO.
4036369 DATED 16/04/2015 ISSUED BY THE
5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF PROCEEDINGS NO. C4-
9352/15 DATED 24/11/2015 ISSUED BY THE
ADDITIONAL TAHASILDAR, DEVIKULAM.
EXHIBIT P5 TRUE COPY OF BASIC TAX RECEIPT NO. KL
06010701987/2021 DATED 25/08/2021
ISSUED BY THE 5TH RESPONDENT,
EXHIBIT P6 TRUE COPY OF LETTER REF. NO. JLO/ ADM/
EB/ 2022-23/12 DATED 8.7.2022 ISSUED
BY THE JUNIOR LIAISON OFFICER, COFFEE
BOARD, EXTENSION WING, ADIMALY TO THE
PETITIONER
EXHIBIT P7 TRUE COPY OF PROPERTY TAX RECEIPT NO.
25265 DATED 20/03/2022 ISSUED BY THE
SEVENTH RESPONDENT
EXHIBIT P8 TRUE COPY OF GO (MS) NO. 381/2018/REV
DATED 20/10/2018 ISSUED BY THE 1ST
RESPONDENT.
..5..
EXHIBIT P9 TRUE COPY OF NO OBJECTION CERTIFICATE
NO. J1-6990/2020 DATED 16/06/2021
ISSUED BY THE FOURTH RESPONDENT TO THE
PETITIONER.
EXHIBIT P10 TRUE COPY OF BUILDING PERMIT NO.A3-BA
(333305)/2021 DATED 29/12/2021 ISSUED
BY THE 7TH RESPONDENT ALONG WITH THE
SITE APPROVAL
EXHIBIT P11 TRUE COPY OF APPLICATION DATED
18.5.2022 SUBMITTED BY THE PETITIONER
TO THE 7TH RESPONDENT GRAMA PANCHAYAT
ALONG WITH ITS ACKNOWLEDGMENT RECEIPT
EXHIBIT P12 TRUE COPY OF LETTER NO. S.C1/1378/2022
DATED 26/05/2022 ISSUED BY THE SEVENTH
RESPONDENT TO THE PETITIONER.
EXHIBIT P13 TRUE COPY OF PROHIBITORY ORDER FILE
NO. DCIDK/3130/2022-C4 DATED
16/06/2022 ISSUED BY THE SECOND
RESPONDENT TO THE PETITIONER.
EXHIBIT P14 TRUE COPY OF REPLY DATED 23/06/2022
SUBMITTED BY THE PETITIONER BEFORE THE
SECOND RESPONDENT
EXHIBIT P15 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT
NO. C4-334697/2022 DATED 23/06/2022
ISSUED FROM THE OFFICE OF THE SECOND
RESPONDENT.
EXHIBIT P16 TRUE COPY OF REPRESENTATION DATED
01/07/2022 SUBMITTED BY THE PETITIONER
TO THE SECOND RESPONDENT.
EXHIBIT P16 A TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT ISSUED FROM THE OFFICE OF THE
SECOND RESPONDENT.
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EXHIBIT P17 TRUE COPY OF HEARING NOTICE NO. DCIDK/
4264/2022-C10 DATED 07/07/2022 ISSUED
BY THE SECOND RESPONDENT TO THE
PETITIONER.
EXHIBIT P18 TRUE COPY OF REQUEST DATED 15/07/2022
SUBMITTED BY THE PETITIONER TO THE
SECOND RESPONDENT.
EXHIBIT P19 TRUE COPY OF RECEIPT NO. C4-344730/22
DATED 15/07/2022 ISSUED FROM THE
OFFICE OF THE SECOND RESPONDENT TO THE
PETITIONER
EXHIBIT P20 TRUE COPY OF REPRESENTATION DATED
25/07/2022 SUBMITTED BY THE PETITIONER
TO THE SECOND RESPONDENT.
EXHIBIT P20 A- TRUE COPY OF ACKNOWLEDGEMENT RECEIPT
NO. C10-349698/22 DATED 25/07/2022
ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P21 TRUE COPY OF REPRESENTATION DATED
10/08/2022 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT.
EXHIBIT P21 A TRUE COPY OF ACKNOWLEDGEMENT RECEIPT
NO. C4-357191/22 DATED 10.8.2022
ISSUED FROM THE OFFICE OF THE SECOND
RESPONDENT.
EXHIBIT P22 PHOTOGRAPHS (3 NOS.) PRODUCED BY THE
PETITIONER BEFORE THE SECOND
RESPONDENT
EXHIBIT P23 TRUE COPY OF LETTER NO. 400536/
BAUV02/ GPO/ 2022/ 1176/(1) DATED
04/07/2022 ISSUED BY THE 7TH
RESPONDENT UNDER RIGHT TO INFORMATION
ACT
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EXHIBIT P 24 TRUE COPY OF APPLICATION DATED
13.9.2022 ALONG WITH AFFIDAVIT AND
PETITION TO CONDONE THE ACTION
SUBMITTED BY THE PETITIONER BEFORE THE
6TH RESPONDENT.
EXHIBIT P25 TRUE COPY OF JUDGMENT DATED 06/06/2016
IN WP(C) NO. 38142/2015 PASSED BY THIS
HON'BLE COURT
EXHIBIT P26 TRUE COPY OF G.O.(P) NO. 16/2020/ID
DATED 12.6.2020 ISSUED BY GOVERNMENT
OF KERALA, INDUSTRIES (A) DEPARTMENT
AND PUBLISHED IN KERALA GAZETTE DATED
12.6.2020
RESPONDENT EXHIBITS
EXHIBIT R2(a) TRUE COPIES OF THE PHOTOGRAPHS OF THE
PROPERTY.
