In this writ petition, the Court quashed the Government order rejecting a Panchayat proposal to exchange petitioner's land for a public pond access road. The Court directed the Government to re-examine the proposal after conducting proper enquiries.
Ext.P8 order quashed; direction to Government to consider issue after enquiry within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937
WP(C).No. 25887 of 2014 (I)
PETITIONER:
EBBY GEORGE AGED 48 YEARS S/O. C.I.GEORGE, CHIRAYATH HOUSE, POTTA CHALAKUDY, THRISSUR-680 307.
BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE
SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.SANJITH.R
RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.
2. TAHASILDAR MUKUNDAPURAM TALUK OFFICE, IRINJALAKUDA THRISSUR-680 121.
3. PANCHAYATH DIRECTOR PUBLIC OFFICE BUILDING, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM-33.
4. KUDAKARA GRAMA PANCHAYATH KUDAKARA, THRISSUR-680 684 REPRESENTED BY ITS SECRETARY.
5. THE SECRETARY KUDAKARA GRAMA PANCHAYATH, KUDAKARA, THRISSUR-680 684.
6. THE VILLAGE OFFICER KUDAKARA VILLAGE, THRISSUR-680 684.
R1,R2,R3,R6 BY NOUSHAD THOTTATHIL, GOVERNMENT PLEADER R4,R 5 BY ADV. SRI.SHEEJO CHACKO R4,R 5 BY ADV. SRI.K.V.SURESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 25887 of 2014 (I)
APPENDIX
PETITIONER'S EXHIBITS
P1 : COPY OF THE REPRESENTATION SUBMITTED TO THE PRESIDENT OF 4TH RESPONDENT.
P2 : COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER.
P3 : COPY OF THE CONSENT AGREEMENT EXECUTED BY THE PETITIONER IN FAVOUR OF 5TH RESPONDENT.
P4 : COPY OF THE LETTER DTD.29.10.2013 BEARING NO.A2 5607/2013.
P5 : COPY OF THE MINUTES OF THE MEETING OF THE PANCHAYAT COMMITTEE BEARING NO.3 DTD.4.1.2014.
P6 : COPY OF THE LAND VALUE CERTIFICATES DTD.15.1.2014 ISSUED BY THE 2ND RESPONDENT.
P7 : COPY OF THE REQUEST DTD.27.1.2014.
P8 : COPY OF THE ORDER DTD.14.7.2014 ISSUED BY THE 1ST RESPONDENT.
P9 : COPIES OF THE SKETCH AND PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE PROPERTIES INVOLVED IN THE SUBJECT MATTER OF THIS WRIT PETITION.
RESPONDENTS' EXHIBITS: NIL
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TRUE COPY
PA TO JUDGE
P.V.ASHA, J.
W.P.(C) No.25887 of 2014
Dated this the 2nd day of July, 2015
JUDGMENT
The request of Kodakara Panchayat, placing the proposal for exchanging 35 cents of Puramboke land lying in Sy.No.177 of Kodakara Village in Mukundapuram Taluk in Thrissur District with 35 cents of property of the petitioner lying in Sy.No.176/3 and 185/1 of the said village, was rejected by 1st respondent -Government as per Ext.P8. The Panchayat had by Ext.P5 resolution dated 4.1.2014 decided to exchange the property with that of the petitioner's property in order to develop and to provide access to public to a Panchayat pond, which was lying isolated since there was no access to the pond. In the said circumstances, after fixing a value for the property meant for exchange, the proposal was forwarded to Government. The Government by Ext.P8 order rejected the proposal of the Panchayat saying that the said 35 cents of property which was proposed to be given in exchange was one included in chira puramboke in the category of puzha puramboke and hence the
W.P.(C) No.25887 of 2014
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said property cannot be assigned in the light of the provisions contained in section 218 (1) of the Panchayat Raj Act and the said chira puramboke has to be preserved and protected by the Panchayat as a water source for the public. The petitioner has challenged Ext.P8 saying that there is no river anywhere near the said land and Government has passed the order without any application of mind and without conducting any enquiry. In support of the claim of petitioner, Ext.P9 photographs has been produced which show the land with trees grown .
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appearing for the petitioner, Sri.Sheejo Chacko, the learned Standing Counsel for the Panchayat and Sri.Noushad Thottathil, the learned Government Pleader.
In the above circumstances, there will be a direction to the Government to consider the issue with reference to the resolution passed by the Panchayat in Ext.P5 after hearing the petitioner as well as the 4th respondent Kodakara Grama Panchayat and after conducting necessary enquiries into it, with notice to them. Government shall pass fresh orders within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
P.V.ASHA, JUDGE.
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3 issues framed by the court
Whether the rejection of the Panchayat's proposal to exchange land was legal and consequential.
Whether the Government conducted proper enquiry before declaring the land as chira puramboke under Panchayat Raj Act.
Whether the order passed by the Government without application of mind can be quashed.
1 provisions across 1 enactments
EBBY GEORGE
THE STATE OF KERALA
TAHASILDAR MUKUNDAPURAM
KUDAKARA GRAMA PANCHAYATH
THE SECRETARY KUDAKARA GRAMA PANCHAYATH
THE VILLAGE OFFICER KUDAKARA
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
