Thomas Mahadevan vs The District Collector, Kollam
2024 Latest Caselaw 19001 Ker

Kerala High Court

Thomas Mahadevan vs The District Collector, Kollam on 28 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 26930 OF 2018              1



              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. 26930 OF 2018
PETITIONER/S:

              THOMAS MAHADEVAN
              AGED 64 YEARS
              S/O. GEORGE, AGED 64 YEARS, KALKKIPURAM ASHRAMAM,
              INJAKKADU MYLAM P.O., KALAYAPURAM VILLAGE,
              KOTTARAKKARA TALUK, KOLLAM DISTRICT.

              BY ADVS.
              D.SAJEEV (KAMBISSARI)
              SHIBU BABU(K/492/2023)



RESPONDENT/S:

      1       THE DISTRICT COLLECTOR, KOLLAM
              KOLLAM, KOLLAM DISTRICT- 676505.

      2       THE VILLAGE OFFICER
              KALAYAPURAM VILLAGE, MYLAM, KOLLAM DISTRICT-
              676505.

      3       THE REVENUE DIVISIONAL OFFICER
              PERINTHALMANNA, KOLLAM DISTRICT- 676505.

      4       THE AGRICULTURAL OFFICER
              MYLAM, KOLLAM DISTRICT-676505.

      5       SUDHEESH KUMAR
              S/O. VASUDEVAN NAIR, ASHA VIHAR, KANNAMBA DESOM,
              VARKKALA VILLAGE, CHIRAYINKEEZHU- 676505.
 WP(C) NO. 26930 OF 2018                  2


              BY ADVS.
              SRI.N.P.PRADEEP
              SRI.M.AJITH (KARICODE)



OTHER PRESENT:

              SRI.B.S.SYAMANTAK, 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. 26930 OF 2018              3




                    P.V.KUNHIKRISHNAN, J
                  --------------------------------------
                   W.P.(C.) No. 26930 of 2018
                  --------------------------------------
              Dated this the 28th day of June, 2024



                             JUDGMENT

The above writ petition is filed with following prayers :

"1. "Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents one to four to take steps against illegal reclamation of paddy land carried out by the fifth respondent within a reasonable period which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case.

2. Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to enforce his order dated 29.01.16 in L10-18687/15 and thereby take steps to restore the property of fifth respondent to its original position.

3. Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to convey the decision taken by him regarding illegal reclamation made by the fifth respondent.

4. Issue such other writ or orders or directions, which

this Honourable court may deem fit and proper in the interest of justice and circumstances of the case." [sic]

2. This writ petition is pending before this Court

from 2018 onwards. The main prayer in this writ petition is

to issue direction to respondent Nos. 1 to 4 to take steps

against the alleged illegal reclamation of the paddy land

carried out by the 5th respondent. This writ petition is

pending before this Court from 2018 onwards. If there is

any surviving grievance to the petitioner, the petitioner is

free to approach the competent authority with fresh

representation and if such a representation is received, the

competent authority will do the needful, in accordance with

law with notice to the petitioner and the 5th respondent.

With the above observation, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 26930/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO: M/10080/12 WITHOUT DATE WHICH IS DISPATCHED ON 08.11.2012 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 7/4/2016 IN W.P.(C) NO:14209 OF 2016.

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 28.06.2016 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT, 2005 PREFRRED BY THE PETITIONER DATED 17.05.2017.

EXHIBIT P5 TRUE COPY OF THE REPLY DATED 14.06.2017 GIVEN UNDER RIGHT TO INFORMATION ACT, 2005.

EXHIBIT P6                   TRUE COPY OF THE APPLICATION        UNDER
                             RIGHT   TO     INFORMATION   ACT,    2005
                             PREFERRED   BY    THE  PETITIONER   DATED
                             28.02.2018.

RESPONDENT EXHIBITS

EXHIBIT R5(A):               TRUE COPY OF THE DECREE IN O.S.665/2012

OF THE MUNSIFF COURT, KOTTARAKKARA.

EXHIBIT R5(B): TRUE COPY OF THE REPORT OF THE LOCAL LEVEL MONITORING COMMITTEE DATED 03/05/2016.

EXHIBIT R5(C): TRUE COPY OF THE REPORT OF AGRICULTURAL OFFICER, MUYLOM TO THE RDO, KOLLAM.