Vinod R vs The Commissioner
2024 Latest Caselaw 14637 Ker

Citation : 2024 Latest Caselaw 14637 Ker
Judgement Date : 31 May, 2024

Kerala High Court

Vinod R vs The Commissioner on 31 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
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 20780 OF 2017
PETITIONER:

            VINOD R
            S/O.VELU,AGED 45 YEARS,VENGISSERI HOUSE,
            EDAPATTA.P.O,MELATTUR MALAPPURAM DISTRICT.
            BY ADVS.
            SRI.K.MOHANAKANNAN
            SMT.A.R.PRAVITHA


RESPONDENTS:

    1       THE COMMISSIONER,
            LAND REVENUE,THIRUVANANTHAPURAM-695001.
    2       THE DISTRICT COLLECTOR,
            MALAPPURAM-676505.
    3       THE LOCAL LEVEL MONITORING COMMITTEE
            REPRESENTED BY AGRICULTURAL OFFICER,KRISHI
            BHAVAN,MELATTUR-679326.
    4       MELATTUR GRAMA PANCHAYAT
            KL SH 39,MELATTUR-679326,REPRESENTED BY ITS SECRETARY.
    5       VILLAGE OFFICER MELATTUR
            MALAPPURAM DISTRICT-679326.
 Addl.R6    THE SECRETARY,
            AGRICULTURAL NCA DEPARTMENT,
            GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.
            (ADDITIONAL 6TH RESPONDENT IS SUO MOTU IMPLEADED AS PER
            THE ORDER DATED 31.05.2024.)
            BY ADVS.
            GOVERNMENT PLEADER
            SRI.K.M.SATHYANATHA MENON

            SRI.B.S.SYAMANTAK, GP,
            SRI.K.M.SATHYANATHA MENON-R4


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.20780 of 2017

                                          2

                         P.V. KUNHIKRISHNAN, J.
                  -------------------------------------------------
                            WP(C) 20780 OF 2017
                  --------------------------------------------------
                     Dated this the 31st day of May, 2024


                                 JUDGMENT

This Writ Petition is filed with the following prayer s.

"(i) To issue a writ of certiorari or any other appropriate order or direction calling for the records leading to Exhibit P6 and quash the same.

(ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to permit the petitioner to reclaim the land covered by Exhibit P1 and Exhibit P2 to enable him to construct a residential house and 4th respondent may be directed to issue building permit to the petitioner as applied for.

(iii) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case. " (SIC)

2. When this writ petition came up for

consideration on 22.06.2017, this Court passed the

following order.

"Admit.

Government Pleader takes notice for R1 to

R3 and R5.

Issue notice to R4 by speed post.

There shall be an interim stay of

restoration ordered as per Ext.P6 for a

period of one month. The petitioner shall

file a revision from Ext.P6 as provided

under the Kerala Conservation of Paddy

Land and Wet Land Act, 2008 and produce

copy within a period of three weeks."

3. The interim order was extended until further

orders on 05.10.2017. Now Exhibit P7 revision petition is

filed by the petitioner. In the light of the same, there can

be a direction to consider Exhibit P7 within a time frame.

The Counsel for the petitioner submitted that,

petitioner may be allowed to submit Form 5 application

as per Kerala Conservation of Paddy Land and Wet Land

Act, 2008 and Rules. Liberty is granted for the same also.

Therefore, the writ petition is disposed of the

following directions.

i. The Agricultural Production

Commissioner impleaded as additional 6th

respondent is directed to consider and

pass appropriate orders in Exhibit P7 after

giving an oppurtunity of hearing to the

petitioner as expeditiously as possible at

any rate within 4 months from the date of

a receipt of copy of this order, if it is

received and pending as on today.

ii. The petitioner is also free to file

appropriate application as per the Kerala

Conservation of Paddy and Wet Land Act,

2008 and Rules in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN,

JUDGE

mus

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.3540/1/12 OF SRO MELATTUR EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER,ON 4-12-

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER ON 4-12-

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE NO.1103/15 DATED 1.12.2015 ISSUED BY THE EDAPPATTA VILLAGE OFFICER EXHIBIT P5 TRUE COPY OF THE ORDER NO.K.DIS.8217/2016/M.DATED 26.09.16 EXHIBIT P6 TRUE COPY OF THE ORDER NO.B2-55568/2016 DT.1-6-2017 ISSUED BY THE 2ND RESPONDENT DISTRICT COLLECTOR.