K.P.Babu vs The Revenue Divisional Officer
2024 Latest Caselaw 12478 Ker

Kerala High Court

K.P.Babu vs The Revenue Divisional Officer on 21 May, 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
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 22358 OF 2016
PETITIONERS:

    1       K.P.BABU
            AGED 48 YEARS
            S/O. PADMANABHAN, KUNNATH, THIRUNELLOOR.P.O., PIN-
            688541, ALAPPUZHA.

    2       SHYAMKUMAR.P.S.
            AGED 28 YEARS
            S/O. SASIDHARAN,PURATHAYIL, THIRUNELLOOR.P.O., PIN-
            688541, ALAPPUZHA.

            BY ADVS.
            SRI.M.SASINDRAN
            SRI.V.VENUGOPAL



RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER
            REVENUE DIVISIONAL OFFICE, ALAPPUZHA-688001.

    2       THE VILLAGE OFFICER
            VILLAGE OFFICE, PALLIPPURAM-688541, ALAPPUZHA DISTRICT.

    3       THE CHENNAMPALIPPURAM GRAMA PANCHAYAT
            PALLIPPURAM, ALAPPUZHA DISTRICT, REPRESENTED BY ITS
            SECRETARY, PIN-688541.

    4       THE AGRICULTURAL OFFICER
            KRISHIBHAVAN, CHENNAMPALIPPURAM-688541, ALAPUZHA
            DISTRICT.

    5       SHERLY JOSEPH
            AGED 52 YEARS, W/O. JOSEPH, KOOMBAYIL HOUSE, CHERTHALA
            KIZHAKKUMMURI, KOKKOTHAMANGALAM VILLAGE-688524.

    6       HEMALATHA
            AGED 46 YEARS, W/O. SUDHEESH, CHONAPPALLY HOUSE,
            CHERTHALA.P.O., PIN-688524.

    7       THE DISTRICT COLLECTOR
 W.P (C) No.22358 of 2016


                                    2

             COLLECTORATE, ALAPPUZHA-688001.

             BY ADVS.
             SRI.JOBY CYRIAC
             SRI.B.RENJITHKUMAR



OTHER PRESENT:

             SRI.B.S.SYAMANTAK, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P (C) No.22358 of 2016


                                      3

                     P.V.KUNHIKRISHNAN,J.
                  ---------------------
                     W.P (C) No.22358 of 2016
               ---------------------------
                 Dated this the 21st day of May, 2024

                                JUDGMENT

This writ petition is filed with the following prayers:-

"i) issue a writ of mandamus or any other writ order or direction commanding the respondents 1 to 4 to restrain the respondents 5 and 6 from filling up the paddy belong to them in Sy. Nos. 43/2 A 3, 40/12A, 42/11 C, 42/12 A, 42/13 A, 43/2A 5 and 42/14B of Pallippuram Village, which are included in the data bank of Chennampalippuram Grama Panchayat, as evidenced by Exts.P1 and P2.

ii) issue a writ of mandamus or any other writ order or direction commanding the respondents 1 to 4 and 7 to direct the respondent 5 and 6 to restore the original position of the paddy land, covered by Exts.P1 and P2.

iii) issue a writ of mandamus or any other writ order or direction commanding the respondents 1 to 4 and 7 to take action against the respondents 5 and 6 for illegally filling up of the paddy land included in the data bank prepared in Pallippuram Village.

iv) declare that the respondents 5 and 6 have no right to fill up the paddy land included in the data bank prepared under the provisions of the Act 2008.

v) to award cost to the petitioners

vi) to issue any other writ order or direction as this hon'ble court may deem fit in the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration on

01.07.2016, this Court passed the following order:-

"Admit.

Learned Government Pleader takes notice for respondents 1, 2, 4 and 7. Issue notice to respondents 3, 5 and 6.

Respondents 1 and 2 shall ensure that no filling up of paddy lands are carried out as alleged in the above writ petition in the properties comprised in Sy.Nos.43/2A3, 40/12A, 42/11C, 42/12A, 42/13A, 43/2A5 and 42/14B of Pallippuram Village included in the data bank of Chennam Pallippuram Grama Panchayath."

3. In the light of the above order, no further order is

necessary. But, I make it clear that the affected parties are free

to approach the competent authority to remove the land from

the data bank if they are advise so.

With the above observations and recording the order

dated 01.07.2016, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 22358/2016

PETITIONER EXHIBITS

EXHIBIT.P1: A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT.

EXHIBIT.P2: A TRUE COPY OF THE REPLY GIVEN BY THE VILLAGE OFFICER, PALLIPPURAM, THE 2ND RESPONDENT HEREIN.

EXHIBIT.P3: A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT.P4: A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT.

EXHIBIT.P5: THE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF THE COMPLAINT BY THE 1ST RESPONDENT.

EXHIBIT.P5(A): TRUE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF THE COMPLAINT BY THE 2ND RESPONDENT.

EXHIBIT.P5(D): TRUE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF THE COMPLAINT BY THE 3RD RESPONDENT.

EXHIBIT.P6: TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL FILLING UP OF PADDY LAND BY THE RESPONDENTS 5 AND 6.

EXHIBIT.P6(A): TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL FILLING UP OF PADDY LAND BY THE RESPONDENTS 5 AND 6.

EXHIBIT.P6(B): TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL FILLING UP OF PADDY LAND BY THE RESPONDENT 5 AND 6.

EXHIBIT.P7: A TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.13290 OF 2016.