High Court of KeralaWP(C)/24240/2015disposed of

A.A.Mahin v. The District Collector

2015-09-16Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 WP(C).No. 24240 of 2015 (D) ---------------------------- PETITIONER:

------------ A.A.MAHIN, AGED 51 YEARS (CHAIRMAN, STANDING COMMITTEE FOR DEVELOPMENT EDATHALA GRAMA PANCHAYATH, ANJILIMOOTIL HOUSE EDATHALA, WARD NO.18, NOCHIMA.P.O.ALUVA KERALA.

BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.U.VINOD KUMAR SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR RESPONDENTS:

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

1. THE DISTRICT COLLECTOR, ERNAKULAM-682035.

2. THE SECRETARY, EDATHALA GRAMA PANCHAYATH, EDATHALA-682030.

3. M.H.MUHAMED ALI, AGED 46 YEARS S/O HYDROSE, MUKALARKUDI HOUSE, EDATHALA.P.O KUZHIVELIPALLI, ALUVA, ERNAKULAM DISTRICT KERALA-682030.

4. M.H.ABDUL SALAM, AGED 44 YEARS S/O.HYDROSE, MUKALARKUDI HOUSE, EDATHALA.P.O KUZHIVELIPALLI, ALUVA, ERNAKULAM DIST.

KERALA-682030.

R3&4 BY ADV. SRI.P.CHANDRASEKHAR R3&4 BY ADV. SRI.S.PRASANTH R3&4 BY ADV. SRI.SOORAJ T.ELENJICKAL R3&4 BY ADV. SMT.UMA R3&4 BY ADV. SRI.K.NANDAKUMAR R3&4 BY ADV. SMT.V.A.HARITHA R3&4 BY ADV. SMT.P.M.MAZNA MANSOOR R2 BY ADV. SRI.ANIL K.MOHAMMED R BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24240 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1 TRUE COPIES OF BTR IN RESPECT OF THE PROPERTIES IN SURVEY NOS.402/3 OBTAINED FROM EDATHALA VILLAGE OFFICE. P2 TRUE COPIES OF BTR IN RESPECT OF THE PROPERTIES IN SURVEY 416/10 OBTAINED FROM EDATHALA VILALGE OFFICE.

P3 A TRUE COPY OF THE DRAFT DATA BANK PREPARED BY THE VILLAGE OFFICER IN RESEPCT OF THE PROPERTY IN SURVEY NO.416/10. P4 A TRUE COPY OF THE REPRESENTATION DATED 10/7/2015 SUBMITTED BY THE EDATHALA GRAMA PANCHAYATH.

RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

A. MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C) No. 24240 of 2015 -------------------------------------- Dated this the 16th day of September, 2015.

JUDGMENT

The petitioner alleging illegal conversion of paddy land by the fourth respondent, has approached this Court. 2.

The petitioner's case is that by practicing fraud, it is understood that a portion of the land referred in Sy.No.416/10 was got recorded as "land converted in 2005" in Draft Data Bank. It is also submitted that by virtue of the above entry, the petitioner has obtained a permit from the Local Authorities as per the order from the Local Self Government Institutions. Therefore, the petitioner seeks a direction to respondents 1 and 2 to take appropriate action against the illegal conversion of paddy field.

The petitioner's remedy is to approach the Local Level Monitoring Committee to include the land referred as above as a paddy land or wet land in the draft Data Bank. The petitioner cannot seek a direction from this Court to take

W.P.(C) No. 24240 of 2015 -2action against the fourth respondent for the violation of the Act, 28/2008, for the reason that in the draft Data Bank itself the land is shown as the converted land.

Further, if any permit is issued for constructing the building, the petitioner has to challenge that permit. If any construction is being undertaken based on a valid legal permit, without there being a challenge regarding the permit, the petitioner cannot approach this Court seeking a direction to take action against the construction.

Therefore, there is no merit in this writ petition. However, the petitioner shall be at liberty to approach the Local Level Monitoring Committee for the inclusion of the land in accordance with the law in the draft Data Bank. The writ petition is dismissed with the above observations. Sd/- A. MUHAMED MUSTAQUE JUDGE Scl.