N.Ramachandran vs Kadungallur Grama Panchayath
2024 Latest Caselaw 18975 Ker

Citation : 2024 Latest Caselaw 18975 Ker
Judgement Date : 28 June, 2024

Kerala High Court

N.Ramachandran vs Kadungallur Grama Panchayath 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. 39193 OF 2017
PETITIONERS:

    1    N.RAMACHANDRAN
         AGED 82 YEARS
         S/O LATE P.N.NARAYANA PILLAI,AGED 82
         YEARS,RESIDING AT ARYANCHERY MADOM,WEST
         KADUNGALLOOR,ALUVA,ERNAKULAM DISTRICT,PIN-683 110.
    2    MANIKUTTAN NAIR
         S/O LATE KESAVA PILLAI,AGED 64 YEARS,RESIDING AT
         NILAYADATH HOUSE,WEST KADUNGALLUR,ERNAKULAM
         DISTRICT,PIN-683 110.
    3    SILEESH
         S/O.THANKAPPAN,AGED 33 YEARS,RESIDING AT
         THEKKANODE PARAMBU HOUSE,WEST
         KADUNGALLUR,ERNAKULAM DISTRICT,PIN-683 110.
         BY ADVS.
         SRI.T.C.SURESH MENON
         SRI.P.S.APPU
         SRI.A.R.NIMOD


RESPONDENTS:

    1    KADUNGALLUR GRAMA PANCHAYATH
         REPRESENTED BY ITS
         SECRETARY,MUPPATHADAM.P.O,ALUVA-683 110,ERNAKULAM
         DISTRICT.
    2    THE DISTRICT COLLECTOR
         COLLECTORATE,KAKKANAD,KOCHI-682 030.
    3    THE REVENUE DIVISIONAL OFFICER
         FORT KOCHI-682 001.
    4    THE LOCAL LEVEL MONITORING COMMITTEE
         KADUNGALLUR GRAMA PANCHAYATH,REPRESENTED BY ITS
         CONVENER,AGRICULTURAL
         OFFICER,KADUNGALLUR,ERNAKULAM DISTRICT-683 513.
    5    SALIM
         S/O.ABDUL KHADER,RESIDING AT KODAPPALLY
 WP(C) NO. 39193 OF 2017

                                   2

           HOUSE,KUTTIKKATTUKARA,KADUNGALLUR VILLAGE,PARAVOOR
           TALUK,ERNAKULAM DISTRICT-683 501.
           BY ADV SRI.DINESH MATHEW J. MURIKKAN, SC,
           KADUNGALLOOR GRAMA PANCHAYAT



OTHER PRESENT:

           SRI.RIYAL DEVASSY, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 39193 OF 2017

                                     3

                  P.V. KUNHIKRISHNAN, J.
          -----------------------------------
                W.P.(C).No.39193 of 2017
          -----------------------------------

        Dated this the 28th day of June, 2024

                               JUDGMENT

The above Writ Petition is filed with

following prayers:

(i) " call for the records leading to the passing of Ext.P9 by the 1strespondent and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction;

(ii) issue a writ in the nature of mandamus directing respondents 1 to 4 to have a relook into the entire process and take effective steps to prevent large scale reclamation of paddy land by the 5th respondent;

(iii) issue a writ in the nature of mandamus directing respondents 1 to 4 to ensure that reclamation of paddy land by the 5 th respondent is not permitted leading to large scale flooding in the area apart from effecting the adjacent paddy fields where active cultivation is still being carried out;

(iv) issue such other writ, order or direction as this honourable deems fit and proper in the circumstances of the case."

[SIC]

2. The main prayer in this Writ Petition is WP(C) NO. 39193 OF 2017

to quash Ext.P9, which is a building permit. A

perusal of Ext.P9 show that building permit is

already expired on 30.09.2014. If that is the

case, this Writ Petition need not be retained

here. If there is any fresh cause of action to

the petitioner, the same is left open.

With the above observation, this Writ

Petition is disposed of.

Sd/-

P.V. KUNHIKRISHNAN JUDGE

SSG WP(C) NO. 39193 OF 2017

APPENDIX OF WP(C) 39193/2017

PETITIONERS' EXHIBITS EXT P1 TRUE COPY OF THE CERTIFICATION DATED 2.11.2017 EXT P2 TRUE COPIES OF FEW PHOTOGRAPHS WHICH REVEAL THE FACTUAL SITUATION OF THE PROPERTY DATED-NIL-

EXT.P3 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT WHICH IS ADDRESSED TO THE 1ST PETITIONER,DATED 8.11.2013 EXT.P4 TRUE COPY OF THE JUDGMENT RENDERED IN W.P.(C)NO.3147/2017-P ON THE FILE OF THIS HONOURABLE COURT DATED 12.7.2017 EXT.P5 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 8.7.2016 EXT.P6 TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING THAT TOOK PLACE ON 13.10.2014 EXT.P7 TRUE COPY OF THE INFORMATION PROVIDED UNDER THE RIGHT TO INFORMATION ACT BY THE 1ST RESPONDENT DATED 27.3.2017 EXT.P8 TRUE COPY OF A PHOTOGRAPH WHICH REVEALS THE CULTIVATION ACTIVITIES THAT IS TAKING PLACE ON THE PROPERTY LYING ADJACENT ON THE WESTERN SIDE OF THE LAND NOW PURCHASED BY THE 5TH RESPONDENT DATED- NIL-

EXT.P9 TRUE COPY OF THE REVIVED AND RENEWED BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT DATED 1.10.2016 EXT.P10 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 2.8.2017 EXT.P11 TRUE COPY OF THE MASS PETITION FILED BY THE PETITIONERS AND PERSONS BEFORE THE 1ST RESPONDENT DATED 3.11.2017.