P N Vijayan vs P C Kuriakose
2024 Latest Caselaw 26667 Ker

Kerala High Court

P N Vijayan vs P C Kuriakose on 5 September, 2024

                                                        2024:KER:67374
W.A. No.1038 of 2024
                                     1
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

   THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED

                               MUSTAQUE

                                     &

                  THE HONOURABLE MR. JUSTICE S.MANU

THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                          WA NO. 1038 OF 2024

        AGAINST     THE   JUDGMENT       24.08.2020   DATED   IN   WP(C)

NO.16306 OF 2020 OF HIGH COURT OF KERALA

APPELLANT/3rd PARTY IN THE WRIT PETITION:

            P N VIJAYAN, AGED 61 YEARS, S/O NARAYANAN,
            PONNITTITHARA, WARD NO VIII, AROOR, CHERTHALA,
            ALAPPUZHA, PIN - 688 534


            BY ADVS.
            NIDHI BALACHANDRAN
            PRAJEESH A.J.




RESPONDENTS/PETITIONERS AND RESPONDENTS IN THE WRIT
PETITION:

    1       P C KURIAKOSE, PALATHARA HOUSE, HOUSE NO X/773,
            PUNALUR, CHEMMANNUR DESOM, PATHANAPURAM TALUK,
            KOLLAM, PIN - 691 305

    2       P C CHERIYAN, PALATHARA HOUSE, THOTTAPPALLY
            TEMPLE ROAD, EZHUPUNNA, CHERTHALA, ALAPPUZHA, PIN
            - 688 537

    3       LOCAL LEVEL MONITORING COMMITTEE, AROOR,
            CHERTHALA REPRESENTED BY THE AGRICULTURAL
            OFFICER, AROOR VILLAGE, CHERTHALA, ALAPPUZHA, PIN
            - 688 034
                                                              2024:KER:67374
W.A. No.1038 of 2024
                                    2

    4       DISTRICT COLLECTOR, ALAPPUZHA, PIN - 688 001

    5       STATE OF KERALA, REPRESENTED BY THE SECRETARY,
            DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM,
            PIN - 695 001


            BY ADV JOBY CYRIAC
            K.P. HARISH SR GP


     THIS    WRIT    APPEAL    HAVING     COME   UP    FOR    ADMISSION   ON
05.09.2024,    THE     COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
                                                          2024:KER:67374
W.A. No.1038 of 2024
                                     3

                       JUDGMENT

A. Muhamed Mustaque, Acg.C.J.

This appeal was filed by a third party after obtaining leave.

By the impugned judgment, the learned Single Judge directed the

Local Level Monitoring Committee (for short "LLMC") to take a

decision on the application made by the writ petitioner/first

respondent to exclude a land from the data bank. It is further

ordered that the proceedings initiated by the District Collector under

Section 13 of the Kerala Conservation of Paddy Land and Wetland

Act, 2008 (Act 28 of 2008) be kept in abeyance till a decision is taken

by the LLMC.

2. The Senior Government Pleader and the learned

counsel appearing for the party respondents submits that the LLMC

has now taken a decision to exclude the land. If that be the case, the

remedy of the appellant is to approach the Revenue Divisional Officer,

if he so aggrieved, to challenge the decision of the LLMC.

With liberty to challenge the above decision, the appeal

stands disposed of.

Sd/-

A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

Sd/-

S.MANU JUDGE PR 2024:KER:67374

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE STOP MEMO DATED 9/3/11 ISSUED BY THE VILLAGE OFFICER, AROOR

Annexure A2 A TRUE COPY OF THE INFORMATION OBTAINED FROM AROOR POLICE STATION DATED 18/5/11 EVIDENCING THE SEIZURE OF VEHICLES USED FOR FILLING UP OF PADDY LAND

Annexure A3 A TRUE COPY OF THE JUDGMENT DATED 23/11/2011 IN WPC NO 31168/2011 OF THIS HON’BLE COURT

Annexure A4 A TRUE COPY OF THE JUDGMENT DATED 5/10/12 IN WPC NO 21805/12 OF THIS HON’BLE COURT

Annexure A5 A TRUE COPY OF THE JUDGMENT DATED 18/12/12 OF THIS HON’BLE COURT IN WPC NO 29571 OF 2012

Annexure A6 A TRUE COPY OF THE JUDGMENT IN WPC NO 31116 OF 2018 DATED 9/10/18 OF THIS HON’BLE COURT

Annexure A7 A TRUE COPY OF THE JUDGMENT DATED 27/9/19 IN WPC NO 4112 OF 2019 OF THIS HON’BLE COURT

Annexure A8 A TRUE COPY OF THE JUDGMENT DATED 2/12/19 IN WPC NO 29252/19 OF THIS HON’BLE COURT

Annexure A9 TRUE COPY OF THE IA NO 1/20 FILED BY THE 1ST RESPONDENT

Annexure A10 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS TO THE IA NO 1/20 FILED BY THE 1ST RESPONDENT

Annexure A11 A TRUE COPY OF THE ORDER DATED 1/12/20 IN IA NO 1/20 OF THIS HON’BLE COURT