High Court of KeralaWP(C)/1980/2015disposed of

P.V.Sany v. District Collector Ernakulam

2015-02-04Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WP(C).No. 1980 of 2015 (V) --------------------------- PETITIONER :

------------------ P.V.SANY, AGED 53 YEARS, S/O. VARKEY, PAREKKATTIL HOUSE, PULIYANAM P.O., PARAKADAVU VILLAGE, ANGAMALY.

BY ADVS.SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER RESPONDENTS :

-----------------------

1. DISTRICT COLLECTOR ERNAKULAM PIN - 682 030.

2. REVENUE DIVISIONAL OFFICER, FORT KOCHI - 682 001.

3. VILLAGE OFFICER, PARAKADAVU VILLAGE, ALUVA - 683 101.

4. AGRICULTRUAL OFFICER, PARAKKADAVU, ALUVA

5. K.T.JOHNY S/O. THOMAS, KANNAMPUZHA HOUSE, KODUSSERY PARAKADAVU VILLAGE, ALUVA - 683 101.

6. V.V.BABU S/O. VARGHERSE, VAZHAKALA HOUSE, KODUSSERY PARAKADAVU - 683 101.

7. SINI, W/O. PAULY, PAREKKATTIL HOUSE, KIDANGOOR, THURAVOOR, ANGAMALY R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI. JOSEPH GEORGE R5,R6 & R7 BY ADV. SRI.P.J.PAULACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1980 of 2015 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

PHOTOCOPY OF THE THANDAPER REGISTER ISSUED BY 3RD RESPONDENT. P2:

PHOTOCOPY OF THE LOCATION SKETCH OF RESPONDENTS 5 TO 7 AND PETITIONER.

P3:

PHOTOCOPY OF THE PETITION BEFORE THE 2ND RESPONDENT DT. 3.11.11 BY THE PETITIONER.

P4:

PHOTOCOPY OF THE PROHIBITORY ORDER ISSUED BY THE 2ND RESPONDENT BEARING NO. K-9647/11 DT. 07.12.11. P5:

PHOTOCOPY OF THE REPORT OF 3RD RESPONDENT TO SUB COLLECTOR DT. 19.9.13.

P6:

PHOTOCOPY OF THE PETITION CA 29141/12 TO 1ST RESPONDENT DT. 07.12.12.

P7:

PHOTOCOPY OF THE ORDER BEARING NO. K 9647/11 DT. 29.11.13 ISSUED BY R2 TO R1.

P8:

PHOTOCOPY OF THE ORDER BEARING NO. 9647/14 DT. 27.5.14 BY R2 TO R1. P9:

PHOTOCOPY OF THE NOTICE BEARING NO 43355/2014 ISSUED BY 1ST RESPONDENT DT. 21.10.14.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.1980 of 2015 --------------------------------------- Dated this the 4th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i. Call for records connecting Exts.P1 to P9 from the respondents concerned;

ii. Issue Writ of Mandamus directing the respondents 1 to 3 to take action against respondents 4 to 7 to restore the reclaimed paddy field and thodu as shown in Exts.P1 and P2 in accordance with provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008;

iii. Such other reliefs as this Hon'ble court may deems fit and proper;

AND iv. Award cost to the petitioner."

2. The learned counsel for the petitioner submits that, the grievance of the petitioner is mainly with regard to the illegal reclamation of the paddy land by respondents 5 to 7 and despite filing several representations, no action has been taken by the concerned respondents.

3. Heard the learned Government Pleader appearing for respondents 1 to 4 and also Sri. Paulachan Puthuppady, the learned counsel, appearing for respondents 5 to 7 as well.

4. The learned counsel for the petitioner submits that, the

W.P.(C) No.1980 of 2015 hearing was already over on 30.10.2014, pursuant to Ext.P9 notice.

5. After hearing both the sides, this Court finds that the matter could be caused to be disposed of, by directing the 1st respondent to pass appropriate orders on Ext.P6, after affording an opportunity of hearing to both the sides, if the hearing is still to be over.

6. In the said circumstances, the 1st respondent is directed to pass appropriate orders on Ext.P6, after affording an opportunity of hearing as aforesaid and also after obtaining a report from the 4th respondent/Agricultural Officer, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment.

Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the concerned respondents, for further steps.

The writ petition is disposed of.

P.R. RAMACHANDRA MENON, JUDGE sp