WP(C) Nos. 20051 & 19513 of 2021 – N. Radhakrishnan and others vs The District Collector, Collectorate; Revenue Divisional Officer; Kadungallur Grama Panchayath; Agricultural Officer Kadungalloor; Mohanachandran Nair; Meha M.S; Jisha Peethambaran; and Meha Mohanachandran vs The District Collector, et al.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 8[TH] DAY OF JULY 2022 / 17TH ASHADHA, 1944** ## **WP(C) NO. 20051 OF 2021** ## **PETITIONERS:** 1 N.RADHAKRISHNAN, AGED 60 YEARS S/O.NARAYANAN NAIR, RESIDING AT VISMAYA BHAVAN, MMRA-28, NAMAMI LANE, MILLUPADI, MUPPATHADAM P.O., ALUVA-683 110. 2 T.D.MANOJ, AGED 45 YEARS S/O.DIVAKARAN, RESIDING AT DEVADEYAM, MMRA-27, NAMAMI LANE, MILLUPADI, MUPPATHADAM P.O., ALUVA-683 110. 3 GOPINATHAN.K.P., AGED 82 YEARS S/O.KUNJU NAIR, RESIDING AT OCEANUS, VYSHNAVAM, MMRA-26, NAMAMI LANE, MILLUPADI, MUPPATHADAM P.O., ALUVA-683 110. 4 NOUFAL.K.M., AGED 33 YEARS S/O.MEETHEIAN KUNJU, RESIDING AT KEELEDATH HOUSE, MMRA-29, NAMAMI LANE, MILLUPADI, MUPPATHADAM P.O., ALUVA-683 110. BY ADVS. T.C.SURESH MENON B.DEEPAK ## **RESPONDENTS:** 1 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, KOCHI-682 030. 2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI-682 001. 3 THE VILLAGE OFFICER, KADUNGALLUR, ALUVA-683 110, ERNAKULAM DISTRICT. 4 THE TAHSILDAR, PARAVOOR TALUK, WP(C) Nos. 20051 & 19513 OF 2021 2 NORTH PARAVOOR, ERNAKULAM DISTRICT-683 513. 5 KADUNGALLUR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MUPPATHADAM P.O., ALUVA-683 110, ERNAKULAM DISTRICT. 6 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KADUNGALLUR, ERNAKULAM DISTRICT-683 110. 7 MOHANACHANDRAN NAIR, RESIDING AT CHITHIRA, PADIVATTOM KARA, EDAPPALLY SOUTH P.O., ERNAKULAM-682 024. 8 MEHA.M.S D/O.MOHANACHANDRAN NAIR, RESIDING AT CHITHIRA, PADIVATTOM KARA, EDAPPALLY SOUTH P.O., ERNAKULAM-682 024. 9 JISHA PEETHAMBARAN, D/O.PEETHAMBARAN, RESIDING AT AIKAKRA VEETTIL, MANICKAMANGALAM, KAIPATTUR, ERNAKULAM-683 574. BY ADVS. ANOOP.V.NAIR RAMESH CHAND A.K.ANANDA KRISHNAN SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).19513/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 20051 & 19513 OF 2021 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 8[TH] DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 19513 OF 2021** ## **PETITIONER:** MEHA MOHANACHANDRAN AGED 38 YEARS D/O MOHANACHANDRAN, CHITHRA, PRATHIBHA BYLANE ROAD, PADIVATTOM, EDAPPILLY, ERNAKULAM. BY ADVS. ANOOP.V.NAIR RAMESH CHAND DEVI P. A.K.ANANDA KRISHNAN ## **RESPONDENTS:** 1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM-682030. 2 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN-682001. 3 LOCAL LEVEL MONITORING COMMITTEE KADANGALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN, KADUNGALLOOR, ALUVA, PIN-683110. 4 AGRICULTURAL OFFICER KRISHI BHAVAN, KADUNGALLOOR, ALUVA, PIN-683110. 5 THE VILLAGE OFFICER VILLAGE OFFICE, KADUNGALLOOR, PARAVUR TALUK, WP(C) Nos. 20051 & 19513 OF 2021 4 ERNAKULAM-683110. 6 THE DIRECTOR KERALA STATE REMOTE SENSING AND ENVIRONMENTAL CENTRE (KSREC), C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033. SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).20051/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 20051 & 19513 OF 2021 5 ## **P.V.KUNHIKRISHNAN, J.** **-----------------------------W.P.(C).Nos. 20051 and 19513 of 2021 ---------------------------------------------Dated this the 08[th] day of July, 2022** ## **JUDGMENT** These two writ petitions are connected and therefore I am disposing of these two writ petitions by a common judgment. 2. First I will consider W.P.(C)No.19513/2021. The prayers in the writ petition are extracted hereunder: _“(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3[rd] respondent to take steps to issue erratum notification by excluding 6.5 ares of land comprised in Sy.No.121/2-8 of Kadungalloor village owned by the petitioner from the Notified Data bank of Kadungalloor Grama Panchayat._ _(ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2[nd] respondent to consider and dispose of Ext.P10 (form 6) application for change of nature of land 5.64 Ares of land comprised in Sy.No.121/1-3 and 6.50 Ares of land comprised in 121/2-8 owned by the petitioner and grant permission as per section 27(a) of the Act 28 of 2008._ WP(C) Nos. 20051 & 19513 OF 2021 6 _(iii) Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.”[SIC]_ 3. The first prayer in the writ petition is to issue a direction to the 3[rd] respondent to take steps to issue erratum notification by excluding 6.5 ares of land comprised in Sy.No.121/2-8 of Kadungalloor village owned by the petitioner from the Notified Data bank of Kadungalloor Grama Panchayat. According to the petitioner, originally the property was not included in the data bank and subsequently it is added. If that is the case, the remedy of the petitioner is to submit a Form -5 application as per the Kerala Conservation of Paddy Land and Wet Land Rules. The second prayer in the writ petition is to consider Ext.P10 which is a Form 6 application. That can be directed to be considered within a time frame. 4. Now I will consider the prayers in W.P. (C)No.20051/2021. The prayers in the writ petition are extracted here under: WP(C) Nos. 20051 & 19513 OF 2021 7 _“(i) issue a writ in the nature of mandamus directing respondents 1 and 2 to consider Exts.P6 and P4 and pass appropriate orders after affording to the petitioners a reasonable opportunity of being heard;_ _(ii) issue a writ in the nature of mandamus directing the 6[th] respondent to consider on merit Ext.P3 and P14 expeditiously and take effective steps to ensure that respondents 7 to 9 does not reclaim paddy land by bifurcating their property into small plots and alienating the same and effecting construction therein;_ _(iii) issue a writ in the nature of mandamus directing the 4[th] respondent to consider on merits Ext.P5 and pass orders on the same after affording to the petitioners a reasonable opportunity of being heard;_ _(iv) issue a writ in the nature of mandamus directing the 5[th] respondent to consider on merits Ext.P10 and take necessary steps to ensure that respondents 7 to 9 constructs a drain at the western end of their property and refrain themselves from utilizing the 3.2 meters road for construction of the drain._ _(v) issue a writ in the nature of mandamus directing the 5[th] respondent Panchayath to take action to prevent the construction of the compound wall by respondents 7 to 9 in their property;_ _(vi) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case.”[SIC]_ WP(C) Nos. 20051 & 19513 OF 2021 8 5. The main prayer in this writ petition is to consider Exts.P6 and P4 by respondents 1 and 2. Respondent No.1 is the District Collector and respondent No.2 is the Revenue Divisional Officer. That prayer can be allowed and there can be a direction to respondents 1 and 2 to consider Exts.P6 and P4 within a time frame after hearing all the affected parties including the petitioner. In the meanwhile, the interim order granted by this Court, not to make any construction in the area in dispute, can continue. Therefore, these writ petitions are disposed of in the following manner: _i. The petitioner in W.P.(C)No.19513/2021 is free to file a Form-5 application as per the Kerala Conservation of Paddy Land and Wet Land Rules, within a period of two weeks from the date of receipt of a copy of this judgment._ _ii. If Form-5 application is received by the 2[nd] respondent, the 2[nd] respondent will consider the_ WP(C) Nos. 20051 & 19513 OF 2021 9 _same and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the application._ _iii. The petitioner is free to produce additional documents also before the 2[nd] respondent._ _iv. The 2[nd] respondent can obtain the Kerala State Remote Sensing and Environment Centre (KSREC) report also, if necessary._ _v. There will be a direction to the 2[nd] respondent in W.P.(C)No.19513/2021 to consider Form-6 application (Ext.P10) submitted by the petitioner, after taking a decision in Form-5 application as directed above, forthwith._ _vi. There will be a direction to respondents 1 and 2 in W.P.(C)No.20051/2021 to consider Exts.P6 and P4 respectively and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and respondents 7 to 9, as expeditiously_ WP(C) Nos. 20051 & 19513 OF 2021 **==> picture [13 x 9] intentionally omitted <==** _as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Till final orders are passed as directed above, respondents 7 to 9 shall not make any construction in the disputed area._ DM **P.V.KUNHIKRISHNAN JUDGE** WP(C) Nos. 20051 & 19513 OF 2021 11 ## **APPENDIX OF WP(C) 19513/2021** PETITIONER EXHIBITS |EXHIBIT P1|A TRUE COPY OF THE LAND TAX RECEIPT| |---|---| ||DATED 17.07.2020.| |EXHIBIT P2|A TRUE COPY OF THE BUILDING PERMIT| ||NO.BA.592/07-08 DATED 26.06.2008.| |EXHIBIT P3|A TRUE COPY OF THE REPORT OF THE| ||VILLAGE OFFICER DATED 25.08.2009.| |EXHIBIT P4|TRUE COPY OF THE RELEVANT PAGES OF| ||THE DATA BANK.| |EXHIBIT P5|A TRUE COPY OF THE LETTER ISSUED BY| ||THE 4TH RESPONDENT DATED 12.02.2020.| |EXHIBIT P6|A TRUE COPY OF THE STOP MEMO ISSUED| ||BY THE 5TH RESPONDENT TO THE| ||PETITIONER ON 23.12.2019.| |EXHIBIT P7|A TRUE COPY OF THE DETAILED REPORT| ||SUBMITTED BY THE PETITIONER BEFORE| ||THE 1ST RESPONDENT DISTRICT COLLECTOR| ||ON 05.11.2020 AGAINST EXT.P6 STOP| ||MEMO.| |EXHIBIT P8|A TRUE COPY OF THE REPORT SUBMITTED| ||BY THE 5TH RESPONDENT BEFORE THE| ||THSILDAR, PARAVUR.| |EXHIBIT P9|A TRUE COPY OF THE LETTER NO.L15-| ||2373-2020 DATED 03.12.2020 ISSUED BY| ||THE 1ST RESPONDENT TO THE 5TH| ||RESPONDENT.| |EXHIBIT P10|A TRUE COPY OF THE APPLICATION IN| ||FORM NO 6 DATED 14.02.2020.| |EXHIBIT P11|A TRUE COPY OF THE RECEIPT ISSUED BY| ||THE 2ND RESPONDENT.| |EXHIBIT P12|A TRUE COPY OF THE REPORT OF THE 4TH| ||RESPONDENT DATED 25.02.2021.| WP(C) Nos. 20051 & 19513 OF 2021 12 EXHIBIT P13 A TRUE COPY OF THE REPORT PF THE 5TH RESPONDENT, VILLAGE OFFICER DATED 24.02.2021. EXHIBIT P114 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK OF KADUNGALLOOR PANCHAYAT DATED 02.03.2021. WP(C) Nos. 20051 & 19513 OF 2021 13 ## **APPENDIX OF WP(C) 20051/2021** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER ISSUED BY THE 3RD RESPONDENT DATED NIL. EXHIBIT P2 TRUE COPY OF THE STOP MEMO NO.39/2019 ISSUED BY THE 3RD RESPONDENT DATED 23.12.2019. EXHIBIT P3 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT DATED 09.01.2020. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 14.01.2020. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT DATED 14.01.2020. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 06.02.2020. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION BETWEEN THE 6TH RESPONDENT AND THE 2ND RESPONDENT DATED 25.02.2021. EXHIBIT P8 TRUE COPY OF RELEVANT OF THE GAZETTE PUBLICATION DATED 02.03.2021. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE ASSISTANT DIRECTOR OF PANCHAYATHS DATED 08.04.2021. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 19.07.2021. EXHIBIT P11 TRUE COPY OF THE COMMUNICATION MADE BY THE PRESIDENT OF THE PANCHAYATH WP(C) Nos. 20051 & 19513 OF 2021 14 DATED 04.03.2021. EXHIBIT P12 TRUE COPY OF AN AD INTERIM ORDER OF INJUNCTION IN OS NO.380/2021 ON THE FILES OF THE MUNSIFFS COURT, NORTH PARAVUR DATED 13.09.2021. EXHIBIT P13 TRUE COPY OF FEW PHOTOGRAPHS DEPICTING THE LIE AND CONDITION OF THE PROPERTY DATED NIL. EXHIBIT P14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT DATED 14.09.21. RESPONDENT EXHIBITS EXHIBIT R8(A) TRUE COPY OF THE BUILDING PERMIT NO.BA 592/07-08, DATED 26.06.2008 ISSUED BY THE 5TH RESPONDENT. EXHIBIT R8(B) TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 25.08.2009. EXHIBIT R8(C) TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK. EXHIBIT R8(D) A TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT DATED 12.02.2020. EXHIBIT R8(E) A TRUE COPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT TO THE 8TH RESPONDENT ON 23.12.2019. EXHIBIT R8(F) TRUE COPY OF THE LETTER SUBMITTED BY THE 8TH RESPONDENT DATED 05.11.2020 BEFORE THE 1ST RESPONDENT. EXHIBIT R8(G) A TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT R8(H) A TRUE COPY OF THE LETTER NO.L152573-2020 DATED 03.12.2020 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. WP(C) Nos. 20051 & 19513 OF 2021 15 EXHIBIT R8(I) A TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 25.02.2021. EXHIBIT R8(J) A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT, VILLAGE OFFICER DATED 24.02.2021. EXHIBIT R8(K) A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK. EXHIBIT R8(L) TRUE COPY OF THE REPORT DATED 31.07.2009, ISSUED BY THE 6TH RESPONDENT. EXHIBIT R8(M) TRUE COPY OF THE MINUTES DATED 31.03.2021 EXTRACTED FROM THE MINUTES BOOK OF THE 5TH RESPONDENT PANCHAYAT. EXHIBIT R8(N) TRUE COPY OF THE REGISTERED DOCUMENT NO. 5364/2013, DATED 20.12.2013 EXECUTED BY THE 7TH RESPONDENT IN FAVOUR OF MR. RILVAN P.R. PETITIONER EXHIBITS EXHIBIT P15 TRUE COPY OF THE SKETCH PRODUCED ALONG WITH THE APPLICATION FOR BUILDING PERMIT BY THE 9TH RESPONDENT, DATED 15/01/2021 EXHIBIT P16 TRUE COPY OF THE COMMUNICATION NO. A6/7337/2021 BETWEEN THE 5TH RESPONDENT AND THE 9TH RESPONDENT, DATED 01/12/2021 EXHIBIT P17 TRUE COPY OF THE NOTICE NO. A6/7337/21 ISSUED BY THE 5TH RESPONDENT TO THE 9TH RESPONDENT, DATED 17/12/2021 //TRUE COPY// **==> picture [80 x 8] intentionally omitted <==**