Kerala High Court
M.N.Balakrishnan Nair vs District Collector on 28 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 41244 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 41244 OF 2017
PETITIONER/S:
1 M.N.BALAKRISHNAN NAIR
AGED 65 YEARS
S/O.BALAKRISHNA PANICKAR, AGED 65 YEARS,SHANKERS HOUSE,
PARAPPILLI LANE, THIRUVANKULAM P.O.,ERNAKULAM DISTRICT.
2 JAYASHANKAR BALAKRISHNAN
AGED 32 YEARS
S/O.M.N.BALAKRISHNAN NAIR,AGED 32 YEARS, SHANKERS
HOUSE, PARAPPILLIL LANE,THIRUVANKULAM P.O., ERNAKULAM
DISTRICT.
BY ADVS.
SRI.SALIM V.S.
SRI.H.NUJUMUDEEN
RESPONDENT/S:
1 DISTRICT COLLECTOR
COLLECTORATE, ERNAKULAM-682030.
2 THE DEPUTY COLLECTOR L.R
COLLECTORATE, ERNAKULAM - 682030.
3 THE REVENUE DIVISIONAL OFFICER
FORTKOCHI - 682001.
4 THE VILLAGE OFFICER
THIRUVANKULAM - 682305.
5 THE LOCAL LEVEL MONITORING COMMITTEE
WP(C) NO. 41244 OF 2017 2
REPRESENTED BY ITS CONVENOR, AGRICULTURE OFFICER,KRISHI
BHAVAN, THIRUVANKULAM - 682305.
6 THE SECRETARY
THRIPUNITHURA MUNICIPALITY,THRIUPUNITHURA - 682301.
BY ADVS.
SRI.V.M.KURIAN, SC, THRIPUNITHURA MUNICIPALITY
K.S.ARUN KUMAR
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41244 OF 2017 3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 41244 of 2017
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Dated this the 28th day of May, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i. Issue a writ of certiorari or such other writ, direction order
quashing Exhibit P4, P8 and P9 as arbitrary, illegal and
unsustainable.
ii. Issue a writ of certiorari or such other writ, direction, order
quashing Exhibit P11 and all further proceedings pursuant to it as
illegal and unsustainable.
iii. Such other reliefs that may deem fit and proper in the
interest of justice." [sic]
2. When this writ petition came up for consideration on
20.12.2017, this Court passed the following order :
"Notice before admission to the respondents. The learned Govt.
Pleader takes notice for respondents 1 to 5. The learned Standing
Counsel takes notice for the 6th respondent.
Post after vacation.
In the meanwhile, the petitioner shall file an application to
exclude his land from the land data bank prepared for the region."
3. In the light of the above order, no further order is
necessary. The petitioners are free to file appropriate application
as per the Kerala Conservation of Paddy Land and Wetland Act,
2008.
Granting liberty to do the same, this writ petition is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 41244/2017
PETITIONER EXHIBITS
EXHIBIT-P1: TRUE COPY OF THE SALE DEED NO.3727/14 OF
S.R.O. THIPUNITHURA.
EXHIBIT-P2: TRUE COPY OF THE SALE DEED NO.3742/14 OF
S.R.O. THRIPUNITHURA.
EXHIBIT-P3: TRUE COPY OF THE RELEVANT PAGE OF THE FAIR
VALUE DETAILS DOWNLOADED FROM THE OFFICIAL
WEBSITE OF THE GOVERNMENT OF KERALA.
EXHIBIT-P4: TRUE COPY OF THE STOP MEMO DATED 9/11/2015.
EXHIBIT-P5: TRUE COPY OF THE ORDER PASSED BY THE 3RD
RESPONDENT DATED 19/2/2016.
EXHIBIT-P6: TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED
BEFORE THE 3RD RESPONDENT.
EXHIBIT-P7: TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK IN RESPECT OF THE PETITIONER'S
PROPERTY.
EXHIBIT-P8: TRUE COPY OF THE ORDER PASSED BY THE 3RD
RESPONDENT DATED 15/3/2016.
EXHIBIT-P9: TRUE COPY OF THE ORDER DATED 18/6/2016
PASSED BY THE 6TH RESPONDENT.
EXHIBIT-P10: TRUE COPY OF THE LETTER DATED 17/10/2016
SUBMITTED BY SHIJU.V. POULUOSE BEFORE THE
1ST RESPONDENT.
EXHIBIT-P11: TRUE COPY OF THE NOTICE DATED 9/11/2016
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT-P12: TRUE COPY OF THE WRITTEN STATEMENT 5/12/2016
SUBMITTED BEFORE THE 2ND RESPONDENT DEPUTY
COLLECTOR (L.R.).
