Kerala High Court
P.P. Philip vs The District Collector on 3 March, 2025
2025:KER:18377
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
WP(C) NO. 33376 OF 2019
PETITIONERS:
1 ST. KURIAKOSE JACOBITE SYRIAN CHURCH,
(SENAI ASHRAM PALLI) MAMBRA P.O., KORATTY,
REPRESENTED BY VICAR FR. JOY.T.VARGHESE,
AGED 61 MAMBRA DESOM, CHALAKKUDY TALUK,
THRISSUR DISTRICT-680 308.
2 P.P.ALIAS,
PATTAMMADY HOUSE,
MAMBRA P.O., MAMBRA, PIN-680 308.
3 P.V.ELIAS,
POOVANTHRA HOUSE,
KARUKUTTY P.O., PIN-683 576.
BY ADVS.
P.M.POULOSE
P.RAVINDRAN (SR.)
K.NARAYANAN (PARUR)
RESPONDENTS:
1 THE PRINCIPAL SECRETARY,
AGRICULTURE DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT COLLECTOR,
THRISSUR, PIN-680 003.
3 THE SUB COLLECTOR,
THRISSUR, PIN-680 003.
WP(C)No.33376 of 2019 &
WP(C)No.28874 of 2019
2
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4 THE REVENUE DIVISIONAL OFFICER,
IRINJALAKUDA, PIN-680 121.
5 THE TAHSILDAR (LAND RECORDS),
CHALAKKUDY TALUK, CHALAKKUDY-680 307.
6 THE VILLAGE OFFICER,
KORATTY KIZHAKKUMURI VILLAGE,
KORATTY P.O., PIN-680 308.
7 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KORATTY,
THRISSUR DISTRICT, PIN-680 308.
8 THE LOCAL LEVEL MONITORING COMMITTEE,
KORATTY, THRISSUR DISTRICT, PIN-680 308.
9 DIXON VARGHESE,
AGED 58 YEARS
S/O.VARGHEE, THELAPPILLI HOUSE, MAMBRA, KORATTY,
CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN-680 308.
0 P.P.PHILIP,
AGED 74 YEARS, S/O P.O.PAULOSE, PARAMBI HOUSE,
MAMBRA.P.O, THRISSUR DISTRICT-680 308. IS IMPLEADED
AS PER ORDER DATED 31.01.2020 IN IA NO.1/2019 IN W.P.
(C) NO.33376/19.
BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
K.K.ASHKAR
ABDUL JAWAD K.
A.GRANCY JOSE
OTHER PRESENT:
SRI. JAYAN GP
WP(C)No.33376 of 2019 &
WP(C)No.28874 of 2019
3
2025:KER:18377
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2025, ALONG WITH WP(C).28874/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)No.33376 of 2019 &
WP(C)No.28874 of 2019
4
2025:KER:18377
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
WP(C) NO. 28874 OF 2019
PETITIONER:
P.P. PHILIP
AGED 74 YEARS, S/O.P.O.POULOSE,
PARAMBIL HOUSE, MAMBRA.P.O.,
THRISSUR DISTRICT-680308
BY ADVS.
ABDUL JAWAD K.
A.GRANCY JOSE
RESPONDENTS:
1 THE DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, CIVIL LINE RD,
KALYAN NAGAR, AYYANTHOLE,
THRISSUR, KERALA-6880003.
2 THE TAHSILDAR(LAND RECORDS)
TALUK OFFICE, CHALAKKUDY,
THRISSUR DISTRICT-680308.
3 THE VILLAGE OFFICER,
KIZHAKKUMMURI VILLAGE, KORATTY,
THRISSUR DISTRICT-680308.
4 THE AGRICULTURAL OFFICER,
WP(C)No.33376 of 2019 &
WP(C)No.28874 of 2019
5
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KRISHI BHAVAN, KORATTY,
THRISSUR DISTRICT-680308.
5 ST.KURIAKOSE JACOBITE SYRIAN CHURCH,
REPRESENTED BY ITS VICAR,
MAMBRA.P.O., KOTARRY, CHALAKKUDY,
THRISSUR DISTRICT-680308.
6 K.V.VARGGESE
S/O.VARKEY, KOORAN HOUSE,
SOUTH KORATTY, THRISSUR DISTRICT-680308.
7 K.V.ELDHO
KOORAN HOUSE, WEST KORATTY,
MAMBRA.P.O, THRISSUR DISTRICT-680308.
BY ADVS.
SRI.K.NARAYANAN (PARUR)
P.RAVINDRAN (SR.)
SMT.LISHA K.R.
SRI.P.M.POULOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2025, ALONG WITH WP(C).33376/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)No.33376 of 2019 &
WP(C)No.28874 of 2019
6
2025:KER:18377
JUDGMENT
[WP(C) Nos.33376/2019, & 28874/2019]
Heard, Sri. P. Raveendran, the learned Senior counsel
for the petitioners in W.P.(C)No.33376/2019, Sri. Jawad, the
learned counsel for the petitioner in W.P.(C)No.28874/2019, and
the learned Government Pleader for the respondents.
2. The dispute in these writ petitions are essentially with
respect to a property purchased by the petitioners in W.P.
(C)No.33376/2019 on 06/03/2017 as per Ext.P5 assignment deed
from one Sri. Kuriakose. The petitioner contends that the afore
property was being used as a play ground and the party
respondents in the writ petition filed a complaint before the
District Collector complaining that the petitioners have converted
the property and hence seeking invocation of the provisions of
Section 13 of the Kerala Conservation of Paddy Land and Wetland
Act, 2008.
3. On the basis of the afore application, Ext.P1 order was
WP(C)No.33376 of 2019 &
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issued by the District Collector, exercising the power under
Section 13 and directing the property to be restored. Though a
revision petition was filed, the government confirmed the finding
in Ext.P1 through Ext.P4 order.
4. In the meanwhile, the final data bank came to be
issued as evidenced by Ext.P6, wherein the property involved-
falling in Survey No. 865/2 of Kizhakkumury Village - was also
mentioned. In such circumstances, the petitioners in W.P.
(C)No.33376/2019 has sought to file Ext.P6(1) on 10.12.2021 with
reference to the provisions of Rule 4 (b) of the Rules made under
the Kerala Paddy Land and Wetland Conservation Act, 2008,
before the Revenue Divisional Officer. The petitioners contend
that the afore application has not been disposed of till date.
5. At the same time, in the counter affidavit filed on
behalf of the 7th respondent herein, Ext.R7(a) is produced,
wherein there is a reference made to the proceedings issued by
the LLMC. However, the afore proceedings are not with reference
to Ext.P6, which was presented before the Revenue Divisional
Officer. A reading of Ext.R7(a) would show that the Revenue
WP(C)No.33376 of 2019 &
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Divisional Officer, before whom Ext.P6 (1) was presented, has
forwarded the same to the LLMC, and it is on that basis, the LLMC
made the observations/findings as seen recorded in Ext.R7(a).
6. Anyhow, the fact that Ext.P6(1) filed before the
Revenue Divisional Officer with reference to the procedure
prescribed under Rule 4(b) of the rules has not been disposed of,
is not in dispute.
7. In such circumstances, I am of the opinion that the
Revenue Divisional Officer has to pass orders on Exts.P6(1) as
expeditiously as possible. In such circumstances, W.P.(C)
No.33376/2019 will stand disposed of, directing the 4th
respondent, Revenue Divisional Officer or the Authorised Officer,
to pass orders on Ext.P6(1) as expeditiously as possible after
following the procedure prescribed under Rule 4, as also after
obtaining the mapping, etc., from KSREC, after hearing all
stakeholders, including the petitioners and the 10 th respondent in
W.P.(C)No.33376/2019, at any rate within a period of eight weeks
from today.
8. Till orders are passed as above, Exts.P1 and P4 are not
WP(C)No.33376 of 2019 &
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to be implemented qua the rights of the petitioners in W.P.(C)
No.33376/2019. The orders of stay issued by this Court with
respect to the impugned orders in W.P.(C)No.33376/2019 are to
continue till final disposal as above by the Revenue Divisional
Officer/Authorised Officer. Needless to say that the petitioners
are not to make any material alteration with respect to the
property in question till final disposal as above.
9. With respect to the prayers in W.P.(C)No.28874/2019, I
notice that the petitioner, who is the 10 th respondent in W.P.(C)
No.33376/2019 is only seeking implementation of the orders
passed by the District Collector as confirmed by the Government.
In view of the disposal of W.P.(C)No.33376/2019, no orders are
required in W.P.(C)No.28874/2019. Hence, W.P.(C)No.28874/2019
will stand closed, however, leaving liberty to the petitioner
therein to file a fresh writ petition, if necessity arises, on the basis
of the orders to be passed by the Revenue Divisional Officer/
Authorised Officer, as above.
I make it clear that I have not expressed anything on
the merits with respect to the claims made by the respective
WP(C)No.33376 of 2019 &
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parties in this writ petition, and the Revenue Divisional Officer will
consider and pass orders as above strictly in accordance with
law.
Sd/-
HARISANKAR V. MENON
JUDGE
03.03.2025/HKH
WP(C)No.33376 of 2019 &
2025:KER:18377
APPENDIX OF WP(C) 28874/2019
PETITIONER EXHIBITS
Exhibit - P8 TRUE PHOTOGRAPHS SHOWING BLOCKAGE OF
THE WATER CHANNEL IN MY LAND DUE TO
ILLEGAL FILLING OF THE LAND BY THE
PARTY RESPONDENTS
EXHIBIT P1 TRUE COPY OF RECEIPT OF TAX PAID BY THE
PETITIONER'S SON , DATED 10.04.2019
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.B11/5030/2018, DATED 17.07.2018
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P3 TRUE COPY OF THE REPORT OF THE 4TH
RESPONDENT STATING THAT THE ILLEGAL
ACTIVITY WOULD AFFECT THE FLOW OF WATER
EXHIBIT P1 TRUE COPY OF RECEIPT OF TAX PAID BY THE
PETITIONER DATED 10.04.2019
EXHIBIT P5 TRUE COPY OF THE ORDER DATE 07.09.2019
PASSED BY THE GOVERNMENT
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
14/10/2019 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER, DATED 09.05.2019
WP(C)No.33376 of 2019 &
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APPENDIX OF WP(C) 33376/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO.B11/5030/18
DATED 17.7.2018 PASSED BY THE 2ND
RESPONDENT DISTRICT COLLECTOR.
EXHIBIT P2 PHOTOGRAPHS.
EXHIBIT P3 TRUE COPY OF THE REVISION PETITION
FILED BEFORE THE IST RESPONDENT DATED
9.8.2018.
EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER
(ORDINARY) NO.856/2019 DATED 7.9.2019
AGRICULTURE PASSED BY THE IST
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY
2ND PETITIONER NIL DATED BEFORE THE 8TH
RESPONDENT LOCAL LEVEL MONITORING
COMMITTEE.
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF
B.T.R.
RESPONDENT EXHIBITS
Exhibit R10(i) TRUE PHOTOGRAPHS SHOWING PLANTING OF
SAPLINGS OF VARIOUS TREES IN THE
PARTIALLY RECLAIMED LAND OF THE
PETITIONERS
EXHIBIT R7(a) TRUE COPY OF THE REPORT OF THE LLMC
DATED 30.05.2022.
