Kerala High Court
Sojan vs The District Collector,Trissur on 22 May, 2025
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W.P.(C) No.5482 of 2017
2025:KER:35158
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
WP(C) NO. 5482 OF 2017
PETITIONER:
SOJAN,
S/O.AMBOOKKAN SUNNY,
PUTHENCHIRA VILLAGE, KIZHEKKUMURI DESOM,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT
BY ADV.
SRI.T.N.MANOJ
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
TRISSUR, THRISSUR - 680001
2 THE VILLAGE OFFICER,
PUTHENCHIRA VILLAGE OFFICE,
PUTHENCHIRA PO, TRISUR DISTRICT - 680 301
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PUTHENCHIRA VILLAGE,
THRISSUR DISTRICT - 680 301
4 THE LOCAL LEVEL MONITORING COMMITTEE,
VELLANGALLORE GRAMA PANCHAYATH,
PUTHENCHIRA VILLAGE, TRISSUR DISTRICT,
PIN - 680 301, REPRESENTED BY ITS CONVENER
5 JIJI,
W/O.BYJU THACHIL, KANNAYIVEETTIL HOUSE,
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W.P.(C) No.5482 of 2017
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PUTHENCHIRA VILLAGE, KIZHEKKUMURI DESOM,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT - 680 301
6 VARGHESE,
S/O.THAKOLKARAN LONAPPAN
PUTHENCHIRA VILLAGE, KIZHEKKUMURI DESOM,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT -680 301
7 THE REVENUE DIVISIONAL OFFICER,
OFFICER OF THE RDO, TRISSUR - 680 001
8 ADDL.R8
THE TAHSILDAR (LAND RECORDS),
MUKUNDAPURAM TALUK, TRISSUR DISTRICT,
IRINJALAKUDA POST-680121
(ADDL.R8 IS IMPLEADED AS PER ORDER DATED
17/11/2021 IN IA 3/2021.)
BY ADVS.
SRI.T.JAYAN, GP.
SRI.V.N.KRISHNAKUMAR
SMT.P.R.REENA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.5482 of 2017
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JUDGMENT
The petitioner has filed the captioned writ petition,
essentially contending that respondents 5 and 6 herein have
unauthorisedly converted certain properties in Survey No.418/1
- 3 of Puthenchira Village of Mukundapuram Taluk (more
specifically described as "Vaniyampadam Padasekharam"
referred to in Ext.P7 order issued by the District Collector also).
It appears that the petitioner had filed certain complaints in the
matter before the District Collector, pursuant to which, Ext.P7
order dated 16.03.2021 came to be issued, directing the
authority under the statute to take appropriate steps to reclaim
the land in question.
2. Heard Sri.Manoj T.N., the learned counsel for the
petitioner, Sri.T.Jayan, the learned Government Pleader and
Sri.V.N.Krishnakumar, the learned counsel for respondents 5
and 6.
3. The fact that the order at Ext.P7 has already been
issued with respect to the property in question is not in dispute.
This Court notices that Ext.P7 was challenged by respondents 5
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and 6 by filing W.P.(C) No.10693 of 2021 before this Court. By
judgment dated 28.06.2021, a learned Single Judge of this
Court noticed that as against the order at Ext.P7, the 2nd
petitioner therein (the 5th respondent herein) had already filed
a revision petition under the statute before the appropriate
authority, and hence it is for the said authority to consider the
matter and decide the same in accordance with law. Finding
thus, W.P.(C) No.10693 of 2021 came to be disposed of.
4. This Court notices that respondents 5 and 6 have not
filed any counter affidavit in the matter till date.
5. However, it is pointed out by the learned counsel
Sri.Manoj, on behalf of the petitioner, that the revision petition
referred to in the judgment of this Court referred to above has
already been rejected by the appropriate authority. This Court
further notices that it is for respondents 5 and 6 to come on
record with respect to the present status of the revision petition
filed by them. Insofar as the details as above are not produced
on record, this Court is not in a position to consider the afore
submission made by the learned counsel for the petitioner.
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6. The fact, however, remains that Ext.P7 is holding the
field as on today.
7. In such circumstances, unless and until respondents
5 and 6 are able to produce any orders recalling or modifying
Ext.P7 issued by the District Collector, it is for the respondents
herein to implement the directions contained in Ext.P7
forthwith.
Resultantly, this writ petition would stand disposed of,
directing the concerned among the respondents to act on the
basis of Ext.P7 issued by the District Collector, as expeditiously
as possible.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
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APPENDIX OF WP(C) 5482/2017
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DATA BANK PUBLISHED BY
THE OFFICE OF THE 3RD RESPONDENT OF
SURVEY NO. 418/1-3 OF PUTENCHIRA VILLAGE
EXHIBIT P2 TRUE COPY OF THE REPORT DT. 17.05.2014 OF
THE 3RD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE COMPLAINT/PETITION FILED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE PROFORMA REPORT OF THE
3RD RESPONDENT BEFORE THE 7TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE COMPLAINT/PETITION FILED
BY THE NELVAYAL SAMRAKSHANA SAMITHY
PUTHENCHIRA PANCHAYATH BEFORE THE 1ST
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 16/3/2021 OF
THE FIRST RESPONDENTS
EXHIBIT P8 PHOTOGRAPHS EVIDENCING THE EXTEND OF THE
RECLAMATION MADE BY CULTIVATING PLANTAINS
IN THE PADDY LAND BY RESPONDENTS 5 & 6
EXHIBIT P9 PHOTOGRAPHS EVIDENCING THE REMOVAL OF MUD
FROM THE PADDY LAND BY RESPONDENTS 5 & 6
FOR THE PURPOSE OF MAKING CULTIVATION
OTHER THAN PADDY CROPS.
RESPONDENTS' EXHIBITS
EXHIBIT R3(a) TRUE COPY OF THE ORDER No. B11/9457/2019
DATED 16.03.2021 OF THE DISTRICT
COLLECTOR, THRISSUR.
