Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945 WP(C) NO. 26640 OF 2023 PETITIONER: BIBINKUMAR VIJAYAKUMAR AGED 35 YEARS, S/O VIJAYAKUMAR, ASWATHY BHAVAN, CHAMPAKARA.P.O. KARUKACHAL, KOTTAYAM REPRESENTED BY POWER OF ATTORNEY HOLDER ASISH VARGHESE, AGED 38 YEARS, S/O T.P. VARGHESE, THAIKKOOTTATHIL HOUSE, SANTHANPARA.P.O, IDUKKI DISTRICT, PIN - 686540 BY ADVS. V.M.KRISHNAKUMAR UNNI SEBASTIAN KAPPEN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 ADDITIONAL CHIEF SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 PRINCIPAL SECRETARY DEPARTMENT OF TOURISM, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 DIRECTOR OF TOURISM DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA PARK VIEW, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 5 CHIEF COORDINATOR OF RESPONSIBLE TOURISM DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA PARK VIEW, THIRUVANANTHAPURAM, PIN - 695033 6 DISTRICT COLLECTOR IDUKKI COLLECTORATE, KUYILIMALA, IDUKKI, PIN - 685603 7 TAHSILDAR UDUMBANCHOLA TALUK, TALUK OFFICE, MINI CIVIL STATION, UDUMBANCHOLA, NEDUMKANDAM, IDUKKI, PIN - 685553
W.P (C) No.26640/2023 -2- 8 VILLAGE OFFICER CHATHURANGAPPARA VILLAGE, CHATHURANGAPPARA, IDUKKI, PIN - 685554 OTHER PRESENT: SRI. RANJITH THAMBAN (SR. ). SRI. ASHWIN SETHUMADHAVAN (SRGP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.26640/2023 -3-
JUDGMENT
The petitioner has purchased 3.2 Acres of land in Chathurangappara Village
in Idukki District through registered document No.2110/2022 of SRO, Udumbanchola. It is the case of the petitioner that the petitioner had purchased the property for the purpose of developing the plot as a site for 'Caravan Tourism' following a declared policy of the Government of Kerala promoting such activities. Reference is made in this regard is Ext.P3 Government Order. According to the petitioner, the Tourism Department had approved the site and the project of the petitioner. It is submitted that the entire extent of land is cultivated with fruit trees, cardamom and vegetables and approximately 5 to 10% of the land area alone will be utilized for the project. It is submitted that the Village Officer, Chathurangappara (8th respondent) has issued Ext.P5 stop memo on the finding that the land which was purchased by the petitioner is part of land assigned for agricultural activities and therefore any activity other than agricultural activity is prohibited on the land in question. The petitioner has submitted Ext.P6 reply to the Village Officer.
2. Sri. Ranjith Thampan, the learned senior counsel appearing on the
instructions of Adv. Unni Sebastian Kappen would submit that the stop memo issued by the Village Officer is clearly illegal and unsustainable in the facts and circumstances of the case. It is submitted that in terms of Ext.P8 judgment of this court, the Village Officer has no jurisdiction to issue such a stop memo. However, it is submitted that without standing on technicalities the petitioner has approached the Government of Kerala with Ext.P7 representation as the Government has the power in terms of the provisions contained in Rule 24 of the Land Assignment
W.P (C) No.26640/2023 -4- Rules to grant assignment. It is submitted that this power of the Government has also been considered by Exts.P1 and P2 judgments of this court. It is submitted that for the present the petitioner will be satisfied if a direction is issued to the competent authority to consider Ext.P7 after affording an opportunity of hearing to the petitioner within a time frame to be fixed by this court.
3. The learned Government Pleader sought time to get instructions.
However considering the nature of the order that I propose to pass, it is not necessary to adjourn this writ petition to enable the learned Government Pleader to to get instructions in the matter. It is clear from the facts of the case narrated above that the petitioner had purchased the land for the purposes of developing the site for the use as Caravan Parking site to promote the policy of the Government as can be seen from Ext.P3. According to the petitioner only 5 to 10% of the land will be utilized as a Caravan Parking site and therefore there is no reason whatsoever for the Village Officer to issue stop memo. Without standing on technicalities and without questioning the jurisdiction of the Village officer to issue stop memo the petitioner has now approached the Government in terms of the provisions contained in Rule 24 of the Land Assignment Rules. Therefore in the facts and circumstances of this case it is only proper that a decision is taken by the Government on Ext.P7 after affording an opportunity of hearing to the petitioner. Accordingly, this writ petition will stand disposed of directing that the Chief Secretary to the Government of Kerala shall consider and pass orders on Ext.P7 after affording an opportunity of hearing to the petitioner within a period of two months from the date of receipt of a certified copy of this judgment. Status-quo as on today shall be maintained till orders are passed by the Chief Secretary on Ext.P7
W.P (C) No.26640/2023 -5- as directed above. If the request of the petitioner is accepted, it is open to the Government to impose any condition for the utiliztion of the land by the petitioner.
Writ petition is ordered accordingly. Sd/- GOPINATH P. JUDGE AMG W.P (C) No.26640/2023 -6- APPENDIX OF WP(C) 26640/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DECISION REPORTED IN 2022 (3) KLT 679 (2022 KHC 3494) RAPHY JOHN AND ORS V. LAND REVENUE COMMISSIONER AND ORS Exhibit P2 TRUE COPY OF DECISION REPORTED IN 2016(3) KHC 164 MANU ANAND V. STATE OF KERALA AND ORS Exhibit P3 TRUE COPY OF CARAVAN POLICY OF GOVERNMENT OF KERALA , GOVT ORDER REF NUMBER 18/2021/TOURISM DATED Exhibit P4 TRUE COPY OF THE PROJECT REPORT OF CARAVAN TOURISM (VANANI CARAVAN PARK & FARM TOURISM) SUBMITTED BY THE PETITIONER Exhibit P5 TRUE COPY OF THE LETTER NO. 104/2023 ISSUED BY THE VILLAGE OFFICER TO THE PETITIONER DATED 02.08.2023 Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE VILLAGE OFFICER DATED 04.08.2023 Exhibit P7 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE CHIEF SECRETARY OF 1ST RESPONDENT DATED 05.08.2023 Exhibit P8 TRUE COPY OF THE DECISION REPORTED IN 2021 (1) KHC 337 JALAL K.M. V. VILLAGE OFFICER, KURUPPAMPADI & ANOR