Kerala High Court
Sakkir Hussain E.K vs State Of Kerala 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. 16030 OF 2016
PETITIONER:
SAKKIR HUSSAIN E.K.
AGED 38 YEARS, S/O.HANEEFA, ILLIKKAL HOUSE,
VAITHIRI P.O.. WAYANADU, SECRETARY,
GREEN CROSS WORLD, ENVIRONMENT PROTECTION ACTION
GROUP, POOKODE, LAKKIDI, WAYANAD.
BY ADVS.
SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY
MINISTRY OF ENVIRONMENT, FOREST & WILD LIFE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
3 THE SECRETARY
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
4 THE SECRETARY
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
5 THE DISTRICT COLLECTOR
KALPETTA, WAYANAD, PIN-673 121.
6 VYTHIRI GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, VYTHIRI,
WAYANADU-673 576.
7 THE ASSISTANT ENGINEER
LOCAL SELF GOVERNMENT DEPARTMENT(PW), VYTHIRI
GRAMA PANCHAYATH, WAYANADU-673 576.
8 NASER
S/O.MOOSA, THAVALENGAL HOUSE, OLD VYTHIRI,
WAYANADU-673 576.
9 SHIFANATH
W/O.NASER,THAVALENGAL HOUSE, OLD VYTHIRI,
WP(C).No.16030/2016
2
WAYANADU-673 576.
BY ADVS.SRI.B.S.SYAMANTAK, GP
SRI.V.A.MUHAMMED
K.RAKESH
SRI.V.K.GOPALAKRISHNAN
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.16030/2016
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.16030 of 2016
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Dated this the 23rd day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the records pertaining to Exhibit P-8 and
quash the same by Issuing a Writ of Certiorari;
ii. Issue a Writ of Mandamus or any other writ, order
or direction, directing the respondents 1 to 5 to
conduct an enquiry and take necessary
disciplinary action against the persons indulged in
granting Exhibit P-8 building permit;
iii. Issue a Writ of Mandamus or any other
appropriate writ, order or direction, directing the
5th respondent to take necessary steps to restore
the paddy land comprised in Re-survey 78/27 (old
survey 313/1) of Kunnathidavaka Village in its
original position and expenses thereon to be
recovered from the respondents 8 and 9;
iv. Issue a Writ of Mandamus or any other writ, order
or directing the respondents 1 to 6 to ensure that
no conversion activities is carrying on in the
paddy land comprised in Re-survey 78/27(old
survey 313/1) of Kunnathidavaka village;
v. Issue such other reliefs that this Hon'ble Court
deems fit and proper in the facts and
circumstances of the case.
(SIC)
2. When this writ petition came up for consideration
on 26.04.2016, this Court passed the following order :
"Urgent notice by speed post to R6 to R9. The
party respondents are restrained from undertaking
any construction in a land which is included as a
paddy land or wetland in the data bank. The 5 th
respondent shall ensure that this order is complied
by the party respondents and if the building permit
has been issued over looking the data bank, the 5 th
respondent shall also take appropriate action
against the Secretary of the Local Authority."
3. In the light of the above order, no further direction
is necessary. The competent authority among the respondents
will do the needful to comply the order dated 26.04.2016 in
letter and spirit.
Recording the order dated 26.04.2016, this writ petition
is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 16030/2016
PETITIONER EXHIBITS
P1 TRUE COPY OF THE SALE DEED BEARING NO.
540/1/11 DATED 18/04/2011 OBTAINED
UNDER R.I ACT
P2 TRUE COPY OF THE SALE DEED BEARING NO.
541/1/11 DATE 18/04/2011 OBTAINED
UNDER R.I ACT
P3 TRUE COPY OF THE SURVEY REPORT DATED
28/09/2011
P4 TRUE COPY OF THE ORDER DATED
19/10/2012
P5 TRUE COPY OF THE ORDER DATED
07/05/2013
P6 TRUE COPY OF THE REPORT DATED
16/12/2014 OBTAINED UNDER R.I ACT
P7 TRUE COPY OF THE OFFICE NOTE IN FILE
NO. 2186/2015 OBTAINED UNDER R.I. ACT
P8 TRUE COPY OF THE BUILDING PERMIT DATED
29/04/2015
P9 TRUE COPY OF THE REPRESENTATION DATED
21/12/2015
P10 TRUE COPY OF THE REPRESENTATION DATED
10/03/2016
