High Court of KeralaWP(C)/20744/2015disposed of

V.G.Janardhanan Nair v. The District Collector, Kottayam

2015-07-09Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 WP(C).No. 20744 of 2015 (P) ---------------------------- PETITIONER :

------------------ V.G.JANARDHANAN NAIR, AGED 64 YEARS, S/O.GOPALAN NAIR, VATTAKKAVIL HOUSE, VELLAVOOR P.O., CHANGANACHERRY.

BY ADV. SRI.S.NIDHEESH RESPONDENTS:-:

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

1. THE DISTRICT COLLECTOR,KOTTAYAM - 686002

2. THE TAHSILDAR CHANGANACHERRY - 686101

3. THE VILLAGE OFFICER VELLAVOOR VILLAGE, KOTTAYAM DISTRICT.

R1 TO R3 BY GOVERNMENT PLEADER SMT. M.T. SHEEBA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20744 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE JUDGMENT DATED 26.05.2003 IN C.C.NO.279/2001.

EXHIBIT P2:

TRUE COPY OF THE PROCEEDINGS NO.B.3-1743/2011 DATED 23.06.2015 ISUED BY THE 2ND RESPONDENT.

EXHIBIT P3:

TRUE COPY OF THE DEMAND NOTICE DATED 23.06.2015 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.20744 of 2015 ----------------------------------- Dated this the 9th day of July, 2015

J U D G M E N T

The petitioner has approached this Court challenging the proceedings under the Land Conservancy Act, 1957 and consequential demand raised against him.

2. The petitioner's case is that, Ext.P2 order is passed under the Land Conservancy Act on 23.06.2015. It is submitted that, the petitioner was heard sometime in 2008 and no further proceedings were initiated thereafter. Therefore, the conclusion of Ext.P2 proceedings now, is illegal.

3. The matter is relating to cutting and removing valuable trees from the Government land. The petitioner points out that, in respect of criminal prosecution against such illegal act, the accused therein have been acquitted.

4. The learned Government Pleader however points out that, the land conservancy proceedings are independent proceedings and it is within the province of Thahsildar to take a decision.

5. Taking note of the fact that, the petitioner was heard in 2008 and nothing has been transpired thereafter, I am of the view that, Ext.P2 has to be treated as a provisional order. The petitioner shall raise his objections against Ext.P2 within two weeks from the date of receipt of a copy of this judgment. Thereafter, after hearing

W.P.(C) No.20744 of 2015 the petitioner, the entire exercise shall be completed after adverting to the petitioner's objections within a further period of one month. Till completion of the proceedings pursuant to the direction of this Court, demand against the petitioner shall be kept in abeyance. This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.