V.Santhosh vs The District Collector
2024 Latest Caselaw 14144 Ker

Kerala High Court

V.Santhosh vs The District Collector on 29 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
         WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
                          WP(C) NO. 40307 OF 2016


PETITIONERS:

     1      V. SANTHOSH
            SANTHI NIKETHAN, KOLIYAKODE P.O, VENJARAMOODU,
            THIRUVANANTHAPURAM.

     2      S. SATHEESAN NAIR
            MANIMANGALAM, SANTHIGIRI P.O, THIRUVANANTHAPURAM.

     3      M.S MADHU
            MANNOORU VEEDU, PLAKKEEZHU, PIRAPPANCODE P.O,
            THIRUVANANTHAPURAM.

            BY ADVS.
            SRI.V.G.ARUN
            SRI.T.R.HARIKUMAR



RESPONDENTS:

     1      THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM,
            COLLECTORATE, THIRUVANANTHAPURAM - 695 001.

     2      THE TAHSILDAR
            TALUK OFFICE NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.

     3      THE VILLAGE OFFICER
            KOLIYAKODE VILLAGE OFFICE, NEDUMANGAD,
            THIRUVANANTHAPURAM - 695 541.

     4      THE MANICKAL GRAMA PANCHAYAT
            REPRESENTED BY ITS SECRETARY, PIRAPPANCODE P.O,
            THIRUVANANTHAPURAM - 695 607.

     5      THE AGRICULTURAL OFFICER
            KRISHI BHAVAN, MANICKAL, THIRUVANANTHAPURAM - 695 607

     6      VIPINACHANDRAN S.V
            S/O SREEDHARAN PILLAI, MANAVILA VEEDU, KOLIYAKODE P.O,
            THIRUVANANTHAPURAM - 695 607.

     7      S.D CHANDRALEKHA
 WP(C) NO.40307 OF 2016
                              2


           D/O SULOCHANA AMMA, PADMAVILASOM BANGLAW,
           KOLIYAKODE P.O, THIRUVANANTHAPURAM - 695 607.

    8      MUHASNAM BEEVI
           D/O JAMEELA BEEVI, JANNATH MANZIL, VELAVOOR,
           KOLIYAKODE P.O, THIRUVANANTHAPURAM - 695 607.

           BY ADVS.
           SRI. RIYAL DEVASSY, GP
           SRI. J.JAYAKUMAR - R7
           SRI. SAJU.S.A




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.40307 OF 2016
                                3




               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
               W.P.(C) No.40307 of 2016
          ----------------------------------------------
        Dated this the 29th day of May, 2024


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 to 3 to initiate proceedings against respondents 6 to 8 under Section 11, 12 and 13 of the Kerala Conservation of Paddy land and Wet Land Act 2008 to stop the conversion of paddy land comprised in Re-Sy. Nos.324/3, 328/4 and 328/5 in Manickal Village belongs to respondents 6 to 8 and to order reclamation of the land in its original position.

And

ii) To grant such other reliefs as this Honourable Court may deem fit in the circumstances of this case." SIC WP(C) NO.40307 OF 2016

2. When this writ petition came up for

consideration on 19.12.2016, this Court passed the

following order;

"Admit. Govt. Pleader takes notice for R1 to R3 and R5. Issue notice to R4 and R6 to R8.

The official respondents shall ensure that Exts.P3 and P4 are enforced unless altered or modified."

3. The service to 6th respondent is not complete

even now and hence, this writ petition came up in the

defect list. The learned counsel for the petitioner

submitted that, even now the stop memo issued by the

authorities are not enforced and no action has been

taken as per Kerala Conservation of Paddy Land and

Wet Land Act, 2008. The learned counsel appearing

for the 7th respondent submitted that the 7 th WP(C) NO.40307 OF 2016

respondent already transferred the property. If that be

the case, this writ petition need not be retained here.

If Exts.P3 and P4 stop memos are in force as on today,

the petitioners can bring to the notice of the

competent authorities among the respondents, if there

is any violation of the same and if, such a

representation is received, the competent authority

will do the needful to enforce the same.

Therefore, this writ petition is disposed of with

the following manner;

1. The petitioners are free to submit a

representation before the competent

authorities among respondents 1 to 3,

narrating the grievance raised in this writ

petition and about the violation of Exts. P3 WP(C) NO.40307 OF 2016

and P4 stop memo, within a period of three

weeks from the date of receipt of a copy of

this judgment.

2. If such a representation is received and

Exts.P3 and P4 are in force, the competent

authorities among respondents 1 to 3 will do

the needful, after giving an opportunity of

hearing to the petitioners and respondent

Nos.6 to 8, as expeditiously as possible, at

any rate, within a period of three months

from the date of receipt of the representation.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO.40307 OF 2016

APPENDIX OF WP(C) 40307/2016

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE APPLICATION DATED 04-11-2016 SUBMITTED BY THE 1ST PETITIONER UNDER THE RTI ACT.

EXHIBIT P2 A TRUE COPY OF THE REPLY DATED 02-12-2016, ISSUED UNDER THE RTI ACT FROM THE VILLAGE OFFICE ALONG WITH DOCUMENTS.

EXHIBIT P3          A TRUE COPY OF THE STOP MEMO DATED
                    20-09-2016  ISSUED   BY  THE    3RD

RESPONDENT TO RESPONDENTS 6 & 7

EXHIBIT P4 A TRUE COPY OF THE STOP MEMO DATED 16-10-2016 ISSUED BY THE 3RD RESPONDENT TO THE 8TH RESPONDENT.

EXHIBIT P5 COPY OF THE PHOTOGRAPH SHOWING THE ILLEGAL RECLAMATION OF THE PADDY LAND BY RESPONDENTS 6 TO 8.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS          :NIL


                         //TRUE COPY//


                          PA TO JUDGE