Kerala High Court
K.P.Usman Haji vs The Vengad Gramapanchayat 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. 22515 OF 2017
PETITIONER:
K.P.USMAN HAJI
AGED 50 YEARS, S/O. ABOOKACKER HAJIM, RASHEEDA MANZIL,
ANJARAKKANDY, KANNUR.
BY ADVS.
SRI.C.KHALID
SRI.T.P.SAJID
RESPONDENTS:
1 THE VENGAD GRAMAPANCHAYAT
REPRESENTED BY ITS SECRETARY, VENGAD GRAMAPANCHAYATH,
VAYANASALA, ANJARAKANDY, THALASSERY, KANNUR - 670 612.
2 THE VILLAGE OFFICER
VILLAGE OFFICE, PADUVILAYI,THALASSERY, KERALA - 670 643.
3 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, VENGAD POST, PATHIRIYAD - 670 741.
4 LOCAL LEVEL MONITORING COMMITTE
REPRESENTED BY AGRICULTURAL OFFICER, KRISHI BHAVAN,
VENGAD POST, PATHIRIYAD - 670 741.
5 REVENUE DIVISIONAL OFFICER
NATIONAL HIGHWAY 17, PALISSERY, THALASSERY, KERALA - 670 101.
6 THE DISTRICT COLLECTOR
KANNUR, COLLECTORATE ROAD, KANNUR, KERALA - 670 002.
7 ANWAR SADATH C.P.
C.K. HOUSE, VENGAD DESOM, PADUVILAI AMSAM, KANNUR.
BY ADVS.
SRI. RIYAL DEVASSY, GP
SRI.C.P.PEETHAMBARAN
SRI. P.K.RAVISANKAR
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. 22515 OF 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.22515 of 2017
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Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Call for the entire records pertaining to the
complaint filed by the petitioner against the illegal
construction of the 7th Respondent.
ii) Issue a writ of mandamus, any other writ, to
direct the 1st Respondent to issue stop memo
against the construction of 7th Respondent in
property covered under the provisions of wet land
Act in Re Sy. No. 40/4B, 40/6B, 40/7B of Paduvilai
village in Vengad Panchayat and conduct an enquiry
regarding the issuance of permit if any.
iii) Issue a writ of mandamus, any other writ, order
or direction to the 3rd Respondent to report the
WP(C) NO. 22515 OF 2017
violation of provisions of Kerala Conservation of
paddy land and wetland 2008 in Re Sy. No. 40/4B,
40/6B, 40/7B of Paduvilai village to the 6th
Respondent and Direct the 6th Respondent to take
action upon the violation.
iv) Such other relief's that this Honourable Court
may deem fit and proper to grant, in the interest of
justice." SIC
2. When this Writ Petition came up for
consideration on 07.07.2017, this Court passed the
following order:
"Admit. Government Pleader takes notice for
R2, R3, R5 and R6. Issue notice to R1, R4 and R7.
2nd respondent shall verify the fact, whether
the construction carried on by R7 is in a paddy land,
if so, shall take appropriate proceedings forthwith."
3. Today, when this writ petition came up for
consideration, the learned counsel appearing for the
7th respondent takes me through the documents
WP(C) NO. 22515 OF 2017
produced along with the counter affidavit, especially
Ext.R7(h). I do not want to make any observation
about the same. If there is any further grievance to
the petitioner, he can approach the statutory
authorities, in accordance with law. Retaining the
order dated 07.07.2017, this writ petition can be
closed.
Therefore, this Writ Petition is disposed of,
recording the order dated 07.07.2017. But, I make
it clear that, if the 7th respondent's construction is
in accordance to law, no action shall be taken
against the construction.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 22515 OF 2017
APPENDIX OF WP(C) 22515/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RTI QUERY DATED
09.03.17 SUBMITTED BY THE PETITIONER.
EXHIBIT P1A THE TRUE COPY OF THE REPLY DATED
23.03.17 GIVEN BY 1ST RESPONDENT
GRAMAPANCHAYATH.
EXHIBIT P2 THE TRUE COPY OF THE PETITION DATED
21.04.17 SUBMITTED TO THE 1ST
RESPONDENT GRAMAPANCHAYATH.
EXHIBIT P3 THE TRUE COPY OF THE PETITION DATED
21.04.17 SUBMITTED TO THE 3RD
RESPONDENT AGRICULTURAL OFFICER.
// TRUE COPY //
PA TO JUDGE
