Kerala High Court
Azeez vs The Village Officer €“ ... on 31 May, 2024
W. P. (C) Nos. 18386 & 18338 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 18386 OF 2024
PETITIONER:
AZEEZ, AGED 67 YEARS,
S/O. KUNJEETH, URAMBATH VEEDU, KILLIMANGALAM
VILLAGE, PAANJAL GRAMA PANCHAYATH, THALAPPILLY
TALUK, KILLIMANGALAM P.O, THRISSUR, PIN -
680591.
BY ADV. SRI. A.MUHAMMED MUSTHAFA
RESPONDENTS:
1 THE VILLAGE OFFICER - VENGANELLUR-KILLIMANGALAM
GROUP VILLAGE,
VILLAGE OFFICE- VENGANELLUR-KILIMANGALAM GROUP
VILLAGE, ECHADI, VENGANELLUR P.O., PIN - 680587
2 THE AGRICULTURAL OFFICER,
KRISHNIBHAVAN - CHELAKKARA,PANCHAYATH BUILDING,
CHELAKKARA P.O., PIN - 680586.
3 TAHSILDAR - THALAPPILLY TALUK,
TALUK OFFICE - THALAPILLY ,WADAKKANCHERRY P.O.,
PIN - 680582.
SMT.AMMINIKUTTY K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH WP(C).NO.18338/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) Nos. 18386 & 18338 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 18338 OF 2024
PETITIONER:
WILSON CHERIYAN, AGED 54 YEARS,
S/O. K.S.CHERIYAN, KUNJUKATTIL HOUSE,
ALAYKKALKULAMBU DESOM, VENGANALLUR VILLAGE,
CHELAKKOD POST, THRISSUR, PIN - 680587.
BY ADV. SRI. A.MUHAMMED MUSTHAFA
RESPONDENTS:
1 VILLAGE OFFICER - VENGANELLUR-KILIMEANGALAM
GROUP VILLAGE, ECHADI, VENGANELLUR P.O., PIN -
680587
2 THE AGRICULTURAL OFFICER,
KRISHNIBHAVAN - CHELAKKARA,PANCHAYATH BUILDING,
CHELAKKARA P.O., PIN - 680586.
3 TAHSILDAR - THALAPILLY TALUK,
WADAKKANCHERRY P.O., PIN - 680582.
SMT.AMMINIKUTTY K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH WP(C).NO.18386/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) Nos. 18386 & 18338 of 2024
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MOHAMMED NIAS C. P. , J.
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W. P. (C) Nos. 18386 & 18338 of 2024
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Dated this the 31st day of May, 2024
JUDGMENT
These Writ Petitions are filed challenging Ext.P3 stop memos
issued by the Village Officer and Ext.P4 notices issued by the Village
Officer directing restoration. The properties are stated to be paddy land
based on entries in the revenue records.
2. The learned counsel for the petitioners submits that the Village
Officer does not have the power under the Kerala Conservation of Paddy
Land and Wetland Act, 2008, to pass an order directing restoration and
the petitioners have filed Ext.P5 objections in both the cases. The learned
counsel for the petitioners also submits that the reply contains a denial of
the facts raised in Exts.P3 & P4.
3. Accordingly, there will be a direction to the 1 st respondent
Village Officer to consider the objections preferred by the petitioners in
these cases, including their objections as to his authority to issue notices
W. P. (C) Nos. 18386 & 18338 of 2024
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and pass orders in accordance with law, after hearing the petitioners.
It will be open to the petitioners to produce such materials to substantiate
their contentions, including judgments of this Court, which will be
adverted to by the 1st respondent while passing orders. Orders shall be
passed within three weeks from today.
Till orders are passed as directed above, the status quo as of today
shall be maintained.
These Writ Petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
W. P. (C) Nos. 18386 & 18338 of 2024
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APPENDIX OF WP(C).NO.18338/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED EXECUTED
DATED 08.04.2006, REGISTERED AS
DOCUMENT NO. 821/2006 ON THE FILES OF
CHELEKKARA SRO
EXHIBIT P2 A TRUE COPY OF THE LAND TAX PAID
RECEIPT DATED 09.05.2024 ISSUED BY THE
VILLAGE OFFICER, VENGANALLUR
EXHIBIT P3 A TRUE COPY OF THE STOP MEMO DATED
25.03.2024 ISSUED BY THE 1ST
RESPONDENT AGAINST THE PETITIONER
EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED
06.05.2024 ISSUED BY THE 1ST
RESPONDENT AGAINST THE PETITIONER
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION
DATED 10.05.2024 BY THE PETITIONER
ALONG WITH ONE ABDUL AZEEZ TO THE 1ST
RESPONDENT
EXHIBIT P6 TRUE COPIES OF THE PHOTOGRAPHS OF THE
PROPERTIES OF THE PETITIONER
W. P. (C) Nos. 18386 & 18338 of 2024
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APPENDIX OF WP(C).NO.18386/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED
REGISTERED AS DOCUMENT NO. 2060/2013
ON THE FILES OF CHELEKKARA SRO
EXHIBIT P2 A TRUE COPY OF THE LAND TAX PAID
RECEIPT DATED 10.05.2024 ISSUED BY THE
VILLAGE OFFICER, VENGANALLUR IN FAVOUR
OF THE PETITIONER
EXHIBIT P3 A TRUE COPY OF THE STOP MEMO DATED
25.03.2024 ISSUED BY THE 1ST
RESPONDENT AGAINST THE PETITIONER
EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED
06.05.2024 ISSUED BY THE 1ST
RESPONDENT AGAINST THE PETITIONER
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION
DATED 10.05.2024 BY THE PETITIONER
ALONG WITH ONE WILSON THOMAS TO THE
1ST RESPONDENT
EXHIBIT P6 TRUE COPIES OF THE PHOTOGRAPHS OF THE
PROPERTIES OF THE PETITIONER
