Full Judgment
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:
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 APPENDIX OF WP(C) 20780/2017 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 4-12EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER ON 4-12EXHIBIT P4 TRUE COPY OF THE CERTIFICATE NO.1103/15DATED 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.