Kerala High Court
Sunanda vs The District Collector on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 39583 OF 2018
PETITIONERS:
1 SUNANDA,
AGED 71 YEARS
W/O
BALAKRISHNAN,AISWARYA,AZHCHAVATTOM,MANKAVU,KOZHIKODE
DISTRICT.
2 CHITHRA,
AGED 1 YEARS
D/O
BALAKRISHNAN,AISWARYA,AZHCHAVATTOM,MANKAVU,KOZHIKODE
DISTRICT.
BY ADV BABU S. NAIR
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
KOZHIKODE,PIN 673 001.
2 THE ADDITIONAL TAHSILDAR,
TALUK OFFICE,KOZHIKODE,PIN 673 001.
3 THE VILLAGE OFFICER,
PANTHEERANKAVU VILLAGE,KOZHIKODE DISTRICT,PIN 673 019
4 THE LOCAL LEVEL MONITORING COMMITTEE,
OLAVANNA,REPRESENTED BY ITS CONVENER,THE AGRICULTURAL
OFFICER,KRISHI BHAVAN,OLAVANNA,GURUVAYOORAPPAN COLLEGE
P.O.KOZHIKODE DISTRICT,PIN 673 014.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39583 OF 2018
2
P.V. KUNHIKRISHNAN, J.
-----------------------------------
W.P.(C).No.39583 of 2018
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Dated this the 28th day of June, 2024
JUDGMENT
The above Writ Petition is filed with
following prayers:
(i) " Call for the entire records
leading up to Exts.P6 and P11 and
quash the same by the issuance of a
writ of certiorari or any other
appropriate writs, orders or
directions;
ii) Issue a writ of mandamus or any
other appropriate writs, orders
or directions commanding the 1st
respondent to consider Ext.P7 and pass
orders on the same forthwith, after
keeping Ext.P6 order in abeyance;
iii) Issue a writ of mandamus or any
other appropriate writs, orders or
directions commanding the 4th
respondent to delete the entries in
the data bank in respect of the
WP(C) NO. 39583 OF 2018
properties of the petitioners;
iv) Grant such other reliefs as this
Hon'ble Court may deem fit and proper
in the circumstances of the case."
[SIC]
2. When this Writ Petition came up for
consideration on 11.12.2018 this Court passed
the following order:
"Admit
GP takes notice for respondents and
seeks time to file counter affidavit.
Post after a month.
In the meanwhile, petitioner is given
the liberty to prefer revision against
Ext.P6 order passed by the District
Collector under section 13 of the Kerala
Conservation of Paddy Land and Wetland Act,
2008, within three weeks from the date of
receipt of a copy of this order. Coercive
action pertaining to the same shall be kept
in abeyance for a period of one month to
enable the petitioner to file revision.
There will be a further direction to the
WP(C) NO. 39583 OF 2018
petitioner to maintain Status quo with
respect to the property mentioned in
Ext.P6."
3. In the light of the same, it is
submitted that a revision is filed against
Ext.P6 order. If that is the case, the
petitioner has to pursue that remedy in
accordance with law.
4. Now, the petitioner challenged Ext.P11
order. Ext.P11 is an order passed in an
application filed as per Rule 4(6) of the the
Kerala Conservation of Paddy Land and Wetland
Rules. The Government Pleader produced a report
of the Agricultural Officer with a memo. It will
be better to extract the LLMC's conclusion.
"6. LLMC's conclusion
The LLMC inspected the property of R.S.No.
17/2 of Pantheerankavu Village, Kailamadam
Desom on 17/09/2018. The said property has
coconut palms having approximate age of above
WP(C) NO. 39583 OF 2018
25 years. However the property is part of vast
Wetland lying between Mampuzha river and
terrestrial land inundated with water through
the channels connecting from Mampuzha river.
The land is also characterized by vegetation
peculiar to wetland.
LLMC is of the opinion that the afore said
property which showed the characters of
wetland as described in the Conservation of
Paddy and Wetland Act of 2008 was rightly
included as Wetland in the data bank and
warrants no correction.
In these circumstances, this report may
kindly be accepted and the matter may be
disposed of in accordance with law."
In the light of the same, I am of the considered opinion
that the matter is to be reconsidered by the Authority
concerned. Therefore, this Writ Petition is disposed of the
following directions.
1. As far as the challenge against Ext.P6 is
concerned, the petitioner is free to pursue the
matter in accordance with law.
2. Ext.P11 is set aside. The 4th respondent is
WP(C) NO. 39583 OF 2018
directed to reconsider the matter in the light of
the report of LLMC after getting report from
the KSREC.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
SSG
WP(C) NO. 39583 OF 2018
APPENDIX OF WP(C) 39583/2018
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE 2ND RESPONDENT DATED
18.3.2017
EXHIBIT P2 TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONERS AGAINST EXHIBIT P1 NOTICE TO
THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 3RD RESPONDENT DATED 11.11.2015
EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED
TO THE PETITIONER BY THE 3RD RESPONDENT
DATED 11.6.2018
EXHIBIT P5 TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER DATED 3.2.2018 TO THE FIRST
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE
FIRST RESPONDENT DATED 7.5.2018 AS NO
L4/7465/2017
EXHIBIT P7 TRUE COPY OF THE REVIEW PETITION FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 18.5.2018
EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY
THE 1ST RESPONDENT DATED 21.5.2018
EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 4TH RESPONDENT
DATED 18.8.2017
EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WPC NO 22064/2018 DATED
10.7.2018
EXHIBIT P11 TRUE COPY OF THE ORDER PASSED BY THE 4TH
RESPONDENT DATED 27.10.2018
