High Court of KeralaWP(C)/30295/2013disposed of

Latheef Kunju v. The District Collector

2015-02-02Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 30295 of 2013 (J) ---------------------------- PETITIONERS:

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1. LATHEEF KUNJU, AGED 49 YEARS SON OF RUKIYA UMMA, CHEMATHARAYIL HOUSE THODIYOOR NORTH, THODIYOOR VILLAGE KARUNAGAPPALLY TALUK, KOLLAM-690523.

2. RAHIYANATHU, AGED 47 YEARS W/O.LATE JALALUDEEN, PALAVILAYIL KALLELIBHAGOM VILLAGE, KARUNAGAPPALLY TALUK KALLELIBHAGOM P.O., KOLLAM-690519.

BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.RAAJESH S.SUBRAHMANIAN RESPONDENTS:

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1. THE DISTRICT COLLECTOR COLLECTORATE, KOLLAM-691001.

2. THE ADDITIONAL TAHSILDAR KARUNAGAPPALLY, KOLLAM-690518.

3. THE VILLAGE OFFICER KARUNAGAPPALLY, KOLLAM-690518.

4. THE AGRICULTURAL OFFICER KRISHIBHAVAN, KARUNAGAPPALLY, KOLLAM 690518.

R BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30295 of 2013 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT-P1: TRUE PHOTOGRAPHS OF THE PROPERTY. EXHIBIT-P2: TRUE PHOTOSTAT COPY OF THE INFORMATION PROVIDED BY THE 4TH RESPONDENT, DATED 05.11.2013.

RESPONDENT(S)' EXHIBITS: NIL ------------------------ TRUE COPY PA TO JUDGE SCL.

A.V.RAMAKRISHNA PILLAI, J.

--------------------------------- W.P.(C) No. 30295 of 2013 ------------------------------- Dated this the 2nd day of February, 2015.

JUDGMENT

Alleging that the third respondent has issued a direction to the petitioner not to do any activity in the property on the allegation that he has illegally reclaimed his property violating the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, the petitioner has come up before this Court. 2.

The petitioner is a registered owner of 27.65 Ares of the property comprised in Re-Sy.Nos.228/7 and 228/9 of Karunagappally Village, which according to the petitioner is a garden land having coconut trees and other trees of aged around 40 years. It is also stated that all the neigbouring properties are already reclaimed a long ago and many buildings including a school building have come up. He also points out that the property is not included in the data bank as nilam. Therefore, the petitioner seeks a direction from this Court against respondents 1 to 3 not to proceed against the

W.P.(C) No. 30295 of 2013 -2aforesaid property under the aforesaid Act. 3.

Today, when the matter came up for hearing, the learned Senior Government Pleader submitted that as per the report received from the Tahasildar, the property is not included in the data bank.

The learned counsel for the petitioner invited my attention to Ext.P1 series photographs, which would indicate that the property is having aged coconut trees. It would justify the non-inclusion of the property in the data bank. On a consideration of the entire material now placed on record, this writ petition is disposed of, directing respondents not to proceed against the petitioner under the Kerala Conservation of Paddy Land and Wet Land Act.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE Scl.