Kerala High Court
P.C.Thomas vs District Collector Of Ernakulam 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. 30560 OF 2016
PETITIONER:
P.C.THOMAS
AGED:65 YEARS, RESIDING AT PUTHUSSERY HOUSE,
MOOKKANNOOR POST, ERAPPU ROAD, ANGAMALY, ERNAKULAM
DIST. PIN-683577
BY ADV SMT.INDULEKHA JOSEPH
RESPONDENTS:
1 DISTRICT COLLECTOR OF ERNAKULAM
COLLECTORATE, KAKKANAD-682030
2 THASILADAR
ALUVA TALUK OFFICE, ALUVA-683101
3 VILLAGE OFFICER
MOOKKANNOOR-683577
4 AGRICULTURE OFFICER
MOOKKANNOOR-683577
5 PRINCIPAL SUB INSPECTOR OF POLICE
ANGAMALY-683572
6 LOCAL LEVAL MONITORING COMMITTEE LLMC
REPRERSENTED THROUGH ITS CHAIRMAN, MOOKKANNOOR
PANCHAYATH-683577
7 NORVY JOSEPH
S/O LATE JOSEPH THETTAYIL, THETTAYIL HOUSE, SOCIETY
JUNCTION, NEAR U.C.COLLEGE, EAST KADUNGALLOOR POST,
ALUVA-683101
8 SALAS JOSEPH
S/O LATE JOSEPH THETTAYIL, THETTAYIL HOUSE, SOCIETY
JUNCTION, NEAR U.C.COLLEGE, EAST KADUNGALLOOR POST,
ALUVA-683101
W.P (C) No.30560 of 2016
2
BY ADVS.
SRI.M.MOHAMED NAVAZ
SRI.T.P.SAJAN
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.30560 of 2016
3
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.30560 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 and direct the 1 st
respondent to dismantle the illegal construction in
Survey No.205/3-2 and 205/3-3 in violation of the
Kerala Conservation of Paddy Land and Wetland Act,
2008.
ii) Issue a writ of mandamus and direct the 3 rd
respondent to initiate penal action against the
respondents for violation of the Kerala Conservation
of Paddy Land and Wetland Act, 2008 and to
implement exhibit P1 and P4 stop memos through
the 5th respondent.
iii) Direct the 5th respondent to implement Exhibit
P4 stop memo and thereby prevent illegal
construction in the paddy land.
iv) Pass such other direction, order or reliefs, as
this Hon'ble Court may deem fit in the interest of
justice, equity and good conscience." [SIC]
2. The main prayer in this writ petition is to issue a
direction to implement Exts.P1 and P4 stop memos and the
grievance of the petitioner is that the authorities are not doing
any action to dismantle illegal construction which according to
the petitioner is in violation of Kerala Conservation of Paddy
Land and Wetland Act, 2008.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. After hearing both sides, I think this writ petition
need not be retained herein indefinitely. If Exts.P1 and P4 are in
existence and are in force, the petitioner can approach the
statutory authorities for implementing the same and for
proceeding in accordance to Section 13 of the Kerala
Conservation of Paddy Land and Wetland Act, 2008. If such a
representation is received, the statutory authorities will do the
needful, in accordance with law, after giving an opportunity of
hearing to the petitioner and other affected parties.
With the above observations, this writ petition is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 30560/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE STOP MEMO ISSUED BY
MOOKKANNUR VILLAGE OFFICER DATED 15/1/2014
EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE ADDITIONAL DISTRICT MAGISTRATE,
ERNAKULAM DATED ON 27/1/2015
EXHIBIT P3 TRUE COPY OF THE RECEIPT OF PETITION
SUBMITTED BEFORE S I OF ANGAMALY, DATED
27/1/2015
EXHIBIT P4 TRUE COPY OF THE STOP MEMO ISSUED BY
MOOKKANNUR VILLAGE OFFICER ON 28/1/2015
EXHIBIT P5 TRUE COPY OF THE INSTRUCTION OF S I OF
ANGAMALY, BY MOOKKANNOOR VILLAGE OFFICER,
DATED ON 28/1/2015
EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE VILLAGE OFFICER MOOKKANNOOR DATED
0N 28/1/2015
EXHIBIT P7 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE AGRICULTURE OFFICER MOOKKANNOOR
DATED 29/1/2015
EXHIBIT P8 TRUE PRINT OF THE PHOTOGRAPH OF THE
ILLEGAL CONSTRUCTION IN SURVEY NO. 205/3-2
AND 205/3-3
EXHIBIT P9 TRUE COPY OF THE LOCAL LEVEL MONITORING
COMMTTEE DATED ON 27/11/2015
EXHIBIT P10 TRUE COPY OF THE SIGHT INSPECTION REPORTS
BY MOOKKANNOOR VILLAGE OFFICER DATED ON
28/1/2015
EXHIBIT P11 TRUE COPY OF THE SIGHT INSPECTION REPORTS
BY MOOKKANNOOR AGRICULTURE OFFICE DATED ON
26/10/2015
RESPONDENTS EXHIBITS
EXHIBIT R7A TRUE COPY OF THE TAX RECEIPT DATED
11.12.2013 ISSUED BY THE VILLAGE OFFICE
MUKKANOOR
EXHIBIT R7B TRUE COPY OF THE TAX RECEIPT DATED
15.10.2014 ISSUED BY THE VILLAGE OFFICE
MUKKANOOR
EXHIBIT R7C TRUE COPY OF THE JUDGMENT DATED 10.2.2014
EXHIBIT R7D TRUE COPY OF THE REPORT OF THE ADDITIONAL
THAHSILDAR VIDE REF.NO.C81245/14 DATED
10.3.2014
EXHIBIT R7E TRUE COPY OF THE OF THE DISTRICT COLLECTOR
VIDE REF.NO.L 3-81094/2014 DATED
25.10.2014
EXHIBIT R7F TRUE COPY OF THE JUDGMENT DATED 1.12.2014
EXHIBIT R7G TRUE COPY OF AGREEMENT DATED 12.01.2015
ENTERED INTO BETWEEN THE 7TH AND 8TH IS
RESPONDENT AND SRI.SIJU JOSEPH
EXHIBIT R7H TRUE COPY OF ORDER ISSUED BY THE
THAHSILDAR, ALUVA VIDE REF C8/1245/14
DATED 14.1.2015
EXHIBIT R7I TRUE COPY OF COMMISSION REPORT ALONG WITH
ROUGH SKETCH IN O.S.670/2014 OF MUNSIFF'S
COURT, ALUVA
EXHIBIT R7J TRUE COPY OF MEMO DATED 11.4.2016 IN
O.S.670/2014 OF MUNSIFF'S COURT, ALUVA
FILED BY THE 7TH RESPONDENT.
