Kerala High Court
Lekha Chandran vs State Of Kerala on 15 November, 2024
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WP(C) No.19868 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA,
1946
WP(C) NO. 19868 OF 2020
PETITIONER:
LEKHA CHANDRAN,AGED 53 YEARS
W/O.CHANDRAN, RACHANA MUTHUKULAM SOUTH P.O.,
MUTHUKULAM SOUTH MURI, MUTHUKULAM VILLAGE,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN-
690 506.
BY ADVS.
S.SAMEER
RAJI S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, ALAPPUZHA DISTRICT-688 001.
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE RDO, CHENGANNOOR, ALAPPUZHA-689
121.
4 THE TAHSILDAR, KARTHIKAPPALLY TALUK OFFICE,
HARIPAD P.O., ALAPPUZHA DISTRICT-690 514.
5 THE VILLAGE OFFICER, MUTHUKULAM VILLAGE,
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WP(C) No.19868 of 2020
ALAPPUZHA DISTRICT-690 506.
6 THE SECRETARY, MUTHUKULAM GRAMA PANCHAYATH,
MUTHUKULAM NORTH P.O., ALAPPUZHA DISTRICT-690
506.
7 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, MUTHUKULAM, KARTHIKAPPALLY
TALUK, ALAPPUZHA DISTRICT-690 506.
8 THE LOCAL LEVEL MONITORING COMMITTEE,
MUTHUKULAM GRAMA PANCHAYATH, MUTHUKULAM NORTH
P.O., ALAPPUZHA-690 506.
9 JAYAPRAKASH.G.
AGED 50 YEARS
S/O.GOVINDA PILLAI, PUTHENPURAYIL, MUTHUKULAM
NORTH P.O., MUTHUKULAM NORTH MURI, MUTHUKULAM
VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA
DISTRICT-690 506.
0 SANGEETHA,
AGED 43 YEARS
W/O.JAYAPRAKASH.G., PUTHENPURAYIL, MUTHUKULAM
NORTH P.O., MUTHUKULAM NORTH MURI, MUTHUKULAM
VILLAGE, KARTHIKAPPALLY ALUK, ALAPPUZHA
DISTRICT-690 506.
11 STATION HOSUE OFFICER,
KANAKAKUNNU POLICE STATION, MUTHUKULAM P.O.,
MUTHUKULAM, ALAPPUZHA DISTRICT-690 535.
OTHER PRESENT:
R1 TO 5,7,8 AND 11 - SRI.RIYAL
DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.19868 of 2020
JUDGMENT
Dated this the 15th day of November, 2024
The writ petition is preferred being aggrieved by the
non consideration of a challenge against the reclamation of
property and construction of a building by respondents 9 and
10.
2. It is the case of the petitioner that the petitioner
is residing in the adjacent property to the property of the 9 th
respondent. The property owned by the 9 th respondent is
originally a paddy land, however, the predecessor-in-interest
obtained a permit under Clause 6(2) of the Kerala Land
Utilization Order. Without changing the tenure of the land the
said person sold the property to respondents 9 and 10.
Thereafter, they are attempting to construct a commercial
building in the property. Alleging that such construction will
affect the environmental balance and will create other issues,
the petitioner's husband has preferred Ext.P6 representation.
3. The grievance voiced in this writ petition is the
non consideration of Ext.P6. It is also seen from the writ
petition that already a suit is filed in this regard before the
Munsiff Court, Harippad as OS No.234 of 2020.
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4. In contradiction to the arguments made by the
learned counsel for the petitioner, it is submitted by the
learned Government Pleader that Ext.P2 order, under Rule
12(1) in Form 7 of the Kerala Conservation of Paddy land and
Wetland Act, 2008, has been issued by the 3 rd respondent in
accordance with law and Ext.P3 building permit is also
granted by the Muthukulam Grama Panchayath. Under such
circumstances, the challenge raised by the petitioner cannot
survive.
4. On considering the facts and circumstances, it
appears that nothing survives in this writ petition to interfere
by this Court because the petitioner could not point out any
illegality in the affairs and I am not inclined to grant any
relief sought in this writ petition.
Accordingly, this writ petition is dismissed.
sd/-
P.M.MANOJ
JUDGE
das
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APPENDIX OF WP(C) 19868/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
18.07.2018 BEFORE THE HON'BLE HIGH
COURT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.A3715/2018
DATED 23.02.2018.
EXHIBIT P3 TRUE COPY OF THE SKETCH AND PLAN OF
THE PROPOSED SERVICE STATION.
EXHIBIT P4 TRUE COPY OF THE OS NO.234/2020 BEFORE
THE HON'BLE MUNSIFF COURT.
EXHIBIT P5 TRUE COPY OF THE COMMISSION REPORT
DATED 21.08.2020.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED
25.08.2020 BEFORE THE 3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS DATED
26.08.2020 SHOWING THE ILLEGAL
RECLAMATION OF THE DISPUTED PROPERTY
OF THE 9TH RESPONDENT.
