Dr. John Varghese vs State Of Kerala
2024 Latest Caselaw 15386 Ker

Kerala High Court

Dr. John Varghese vs State Of Kerala on 5 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 7206 OF 2016            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                          WP(C) NO. 7206 OF 2016
PETITIONER/S:

      1        DR. JOHN VARGHESE
               C.M.HOSPITAL, M.C.ROAD, PANDALAM, KERALA, RESIDING
               AT ATTUPURATH HOUSE, VENMONY, ALAPPUZHA DISTRICT.

      2        DR. SUMA JOHN
               C.M.HOSPITAL, M.C.ROAD, PANDALAM, KERALA, RESIDING
               AT ATTUPURATH HOUSE, VENMONY, ALAPPUZHA DISTRICT.

               BY ADVS.
               SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
               SRI.A.R.DILEEP
               SRI.P.J.JOE PAUL
               SRI.MANU SEBASTIAN



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        AGRICULTURAL PRODUCTION COMMISSIONER
               DEPARTMENT OF AGRICULTURE, GOVERNMENT OF KERALA,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      3        LOCAL LEVEL MONITORING COMMITTEE
               PANDALAM GRAMA PANCHAYAT, REPRESENTED BY ITS
               CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN,
               THONNALLUR, KADAKKAD, PANDALAM-689501.
 WP(C) NO. 7206 OF 2016            2


      4        AGRICULTURAL OFFICER
               KRISHI BHAVAN, THONNALLUR, KADAKKAD, PANDALAM-
               689501.

      5        VILLAGE OFFICER
               VILLAGE OFFICE, PANDALAM-689501.

               BY ADVS.
               GOVERNMENT PLEADER, SRI.B.S.SYAMANTAK




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7206 OF 2016               3




                       P.V.KUNHIKRISHNAN, J
                     --------------------------------------
                      W.P.(C.) No. 7206 of 2016
                     --------------------------------------
                  Dated this the 5th day of June, 2024



                                JUDGMENT

The above writ petition is filed with following prayers :

"i. declare that the property of the 1 st petitioner having an extent of 46.55 Ares of property in Sy.No. 207/7, 15, 11,16,6,11-1-1, 16-1-1, 8,14, 24,10-1 of Pandalam Village is entitled to be deleted from the data-bank;

ii. issue a writ in the nature of certiorari or any other writ, direction or order to quash the decision of the 3 rd respondent in Ext.P10 to the extent it refuses to delete the property of the 1st petitioner from the data-bank;

iii. issue a writ in the nature of mandamus or any other writ, direction or order directing the 3rd respondent to be pleased to direct the 4th respondent to take steps to enforce its decision in Ext.P7 as regards the land of the 1st petitioner iv. issue a writ in the nature of mandamus or any other writ, direction or order directing the 3rd respondent to delete 46.55 Ares of property in Sy.No. 207/7, 15, 11,16,6,11-1-1, 16 - 1 - 1 8,14, 24,10-1 of Pandalam Village from the data- bank in the

light of the decision in Ext.P7; or in the alternative v. issue a writ in the nature of mandamus or any other writ, direction or order directing 2nd respondent to consider and pass orders on Ext.P3 and P9 within such time as may be fixed by this Honourable Court;

vi. issue such other writ, direction or order as deemed fit;"

[sic]

2. No interim order is passed in this case. Now, the

petitioners can approach the competent authority as per the

Kerala Conservation of Paddy Land and Wetland Act, 2008 for

redressing the grievance. The petitioners can file appropriate

application before the competent authority. The competent

authority will also consider Exts.P7 and P10 decision of the

Local Level Monitoring Committee.

With the above observation, this writ petition is disposed

of.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 7206/2016

PETITIONER EXHIBITS

EXHIBIT P1- A TRUE COPY OF APPLICATION DATED 09-09-2013 MADE BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P2- A TRUE COPY OF THE COMMUNICATION NO. KBT 3/13-14 DATED 23-10- 2013 OF THE 4TH RESPONDENT.

EXHIBIT P3- A TRUE COPY OF THE APPLICATION MADE BEFORE THE 4TH RESPONDENT.

EXHIBIT P4- A TRUE COPY OF JUDGMENT DATED 08-08-2014 IN WPC NO. 10127/14.

EXHIBIT P5- A TRUE COPY OF THE ORDER DATED 19-11-2014 IN R.P.NO. 831/2014 OF THE HON'BLE HIGH COURT.

EXHIBIT P6- A TRUE COPY OF THE APPLICATION DATED 23-12-2014 SUBMITTED BY 1ST PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P7- A TRUE COPY OF THE MINUTES OF THE MEETING OF THE 3RD RESPONDENT HELD ON 11-02-2015.

EXHIBIT P8- A TRUE COPY OF THE COMMUNICATION NO. 263/15 DATED 10-04-2015 MADE BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P9- A TRUE COPY OF REPRESENTATION DATED 15-05-2015 MADE BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P10- A TRUE COPY OF THE MINUTES OF THE MEETING OF THE 3RD RESPONDENT HELD ON 21-07-2015.