Joseph Jaison vs District Collector, Ernakulam
2024 Latest Caselaw 13034 Ker

Citation : 2024 Latest Caselaw 13034 Ker
Judgement Date : 23 May, 2024

Kerala High Court

Joseph Jaison vs District Collector, Ernakulam on 23 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
   THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                   WP(C) NO. 29237 OF 2017
PETITIONER:

          JOSEPH JAISON
          AGED 55 YEARS, S/O.FABIAN, KODUVELIPARAMBIL,
          OCHANTHURUTH.P.O., KOCHI- 682 508.
          BY ADVS.SRI.RAJAN VISHNURAJ
          SRI.V.HARISH

RESPONDENTS:

    1     DISTRICT COLLECTOR, ERNAKULAM
          ERNAKULAM DISTRICT, CIVIL STATION, ERNAKULAM.
    2     REVENUE DIVISIONAL OFFICER
          FORT KOCHI, ERNAKULAM.
    3     VILLAGE OFFICER
          ELAMKUNNAPUZHA VILLAGE, ERNAKULAM
    4     LOCAL LEVEL MONITORING COMMITTEE
          CONSTRUCTED UNDER CONSERVATION OF PADDY LANDS AND
          WETLANDS ACT, ELAMKUNNAPUZHA GRAMA PANCHAYATH,
          ERNAKULAM, REPRESENTED BY THE AGRICULTURAL
          OFFICER, ELAMKUNNAPUZHA.
    5     M/S. HALIFAX DEVELOPERS PVT LTD.
          CHENCHERI BUILDINGS, MG ROAD, ERNAKULAM- 682 011
          REPRESENTED BY ITS MANAGING DIRECTOR, A.C.MOHANAN.
    6     M/S.MRG PROPERTIES
          CHENCHERI BUILDINGS,M.G. ROAD, ERNAKULAM- 682 011
          REPRESENTED BY ITS MANAGING PARTNER,
          MR.GOPALAKRISHNAN.
          BY ADVS.SRI.K.ARJUN VENUGOPAL
          SRI.P.PARAMESWARAN NAIR
          SMT.V.A.HARITHA
          SRI.JEEVAN RAJEEV
          SMT.P.M.MAZNA MANSOOR
          SMT.SREELATHA PARAMESWARAN NAIR
          SRI.SOORAJ T.ELENJICKAL
          SMT.SANDHYA R.NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.29237/2017

                                      2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.29237 of 2017
             ----------------------------------------------
            Dated this the 23rd day of May, 2024


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ directing 1 st and 2nd respondents to stop all land filling and constructional activities carried out by the 5th and 6th respondents in Sy. Nos. 735/2 and 640/2 in Elamkunnapuzha village in Kochi Taluk.

ii. Issue a writ of mandamus or any other appropriate writ directing the 2 nd respondent to strictly implement Exhibit P6 Order. iii. Issue a writ of mandamus or any other appropriate writ directing the 1 st respondent to take steps to restore the lands filled up by the 5 th and 6th respondents in Sy Nos. 735/2 and 640/2 in Elamkunnapuzha village in Kochi Taluk. iv. Issue a writ of mandamus or any other appropriate writ directing the 1 st respondent to consider and pass orders on Exhibit P8 representation preferred by the petitioner, after affording an opportunity of being heard within a stipulated time frame.

(SIC)

2. When this writ petition came up for consideration

on 18.03.2019, this Court passed the following order :

"The learned counsel for respondents 5 and 6 seeks time to file counter affidavit. Ten days time granted.

In the meantime, the 2nd respondent Revenue Divisional Officer shall ensure strict compliance of Ext.P6 prohibitory order."

3. The counsel for respondents 5 and 6 submitted that

the activities of respondents 5 and 6 are strictly in accordance

with law, after getting permission from the statutory

authorities. The same is disputed by the counsel for the

petitioner. Since there is already an order passed by this

Court on 18.03.2019, no further direction is required. The

Officer concerned will do the needful in accordance with the

order dated 18.03.2019.

This writ petition is disposed of retaining the order dated

18.03.2019.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 29237/2017

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY OF THE PETITIONER EXHIBIT P2 A TRUE COPY OF THE DATA BANK OF THE ELAMKUNNAPUZHA VILLAGE.

EXHIBIT P3 TRUE PHOTOGRAPHS EVIDENCING THE CONVERSION DONE BY THE 5TH AND 6TH RESPONDENTS EXHIBIT P4 A TRUE PHOTOCOPY OF THE NEWSPAPER ARTICLE DATED 18.2.2017 IN DEEPIKA DAILY.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE NEWSPAPER ARTICLE DATED 23.2.2017 IN MALAYALA MANORAMA DAILY EXHIBIT P6 A TRUE PHOTOCOPY OF THE PROHIBITORY ORDER DATED 18.3.2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 9.6.2017 FROM THE AGRICULTUAL OFFICER, ELAMKUNNAPUZHA TO THE 2ND RESPONDENT EXHIBIT P8 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 4.8.2017 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

RESPONDENT'S EXHIBITS:

EXHIBIT-R5 (A) -TRUE COPY OF THE TAX RECEIPTS ARE PRODUCED HEREWITH AND MARKED AS THANDAPER NO.3164/P.

EXHIBIT-R5 (A)(1)-TRUE COPY OF THE TAX RECEIPT AS PER THE TANDAPER NO.3190/P DATED 08.06.2018

EXHIBIT-R5 (A)(2)- TRUE COPY OF THE TAX RECEIPT NO. 6130042 DATED 08.06.2018

EXHIBIT-R5 (A)(3)-TRUE COPY OF THE TAX RECEIPT NO.6130046 DATED 08.06.2018

EXHIBIT-R5 (A)(4)-TRUE COPY OF THE TAX RECEIPT NO.6130047 DATED 08.06.2018

EXHIBIT-R5 (A) (5)- TRUE COPY OF THE TAX RECEIPT NO.6130048 DATED 08.06.2018

EXHIBIT-R5 (A) (6)- TRUE COPY OF THE TAX RECEIPT NO.6130049 DATED 08.06.2018

EXHIBIT-R5 (A) (7)- TRUE COPY OF THE TAX RECEIPT NO.6130050 DATED 08.06.2018

EXHIBIT-R5 (A) (8)- TRUE COPY OF THE TAX RECEIPT NO. 6130051 DATED 08.06.2018

EXHIBIT-R5(B)- TRUE COPY OF THE LICENSE GRANTED BY THE FISHERIES DEPUTY DIRECTOR

EXHIBIT-R5 (C) - THE REGISTRATION CERTIFICATE FOR PRAWN HATCHERY