Disposed

Aleyamma Varghese, v. State of Kerala

Kerala HC4 Jun 2024WP(C)/13269/2023

Case brief

AI extract

What is this about?

Petitioners sought payments under the Kerala Conservation of Paddy Land and Wetland Act, 2008, compensation for use of their pump house and action over alleged trespass by Padasekhara Samithi members. Finding detailed factual adjudication required, the court held Article 226 was not the proper remedy and directed petitioners to the civil court, closing the writ petition without expressing on merit

What the court decided

AI extract

Aleyamma Varghese, Vs State of Kerala — Landlord and Tenant | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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TUESDAY, THE 4^TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946

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WP(C) NO. 13269 OF 2023

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PETITIONERS:

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1 ALEYAMMA VARGHESE,AGED 76 YEARS W/O VARGHESE, KURUPPANATTU (H), MANJOOR P.O., MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686603

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2 BINSON VARGHESE,AGED 40 YEARS S/O VARGHESE, KURUPPANATTU (H), MANJOOR P.O., MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686603

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3 MATHEW VARGHESE,AGED 46 YEARS S/O VARGHESE, KURUPPANATTU (H), MANJOOR P.O., MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686603

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BY ADVS. DON PAUL ABDUL RASHIQ A. HARIKRISHNAN NAIR K.U.

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, THE LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033

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3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, MEENACHIL, MINI CIVIL STATION,

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WP(C)No.13269/2023

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PALA, KOTTAYAM DISTRICT, PIN - 686575

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4 MANJOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MANJOOR P.O., KOTTAYAM DISTRICT, PIN - 686603

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5 THE LOCAL LEVEL MONITORING COMMITTEE (LLMC) FOR THE MANJOOR GRAMA PANCHAYAT, CONSTITUTED UNDER THE CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008, REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER, KRISHIBHAVAN, MANJOOR, MANJOOR P.O., KOTTAYAM DISTRICT, PIN - 686603

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6 THE AGRICULTURAL OFFICER, KRISHIBHAVAN, MANJOOR, MANJOOR P.O., KOTTAYAM DISTRICT, PIN - 686603

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7 SALIN P.R.,AGED 49 YEARS

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S/O RAJAPPAN, VAZHAPPILLIL HOUSE, KALIKAVU P.O, KURAVILENGADU VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686633

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8 STATION HOUSE OFFICER, KADUTHURUTHY POLICE STATION, KADUTHURUTHY, KOTTAYAM DISTRICT, PIN - 686604

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9 CYRIL CHACKO,APPOZHIPARAMBIL (H), MEMURI P.O., MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM, PIN - 686617

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10 ANEESH P.M.,PLAKKYIL (H), MEMURI P.O., MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM, PIN - 686617

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SMT.SHEEBA G, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.13269/2023

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MOHAMMED NIAS C.P., J.

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WP(C) No.13269 of 2023

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Dated this the 4th day of June, 2024

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JUDGMENT

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The writ petition is filed with the following prayers:-

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“(i) Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the respondents to pay the amount payable to the petitioners/holders of land under Section 16 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 forthwith;

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(ii) Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the respondents to pay compensation of Rs 30,000/- and monthly rental at the rate of Rs 4,000/- for the use of Motor Pump in the Pump house building bearing No.11/519/A of the 1^st and 2^nd petitioners forthwith;

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(iii)Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the 8^th respondent to conduct an enquiry on current status and condition of agriculture implements, coconut tree climber, 10 HP motor pump set, 1/2 HP feeding motor pump set, Hose pipe, motor repairing tools, and manual fertilizers and liquid pesticides sprayer which are stored in the pump house building bearing No.11/519/A of the 1^st and 2^nd petitioners forthwith;

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WP(C)No.13269/2023

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(iv) Declare that the period for which the paddy land of the

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petitioners is entrusted to the 9^th and 10^th respondent will expire immediately after a period of 2 years from the date of such entrustment;

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(v) issue a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the respondents to reinstate the boundary marks of the petitioner’s property after proper survey, within a time frame as may be fixed by this Hon’ble Court;

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(vi) Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the 2^nd respondent to take departmental disciplinary actions against the 7^th respondent for the criminal act committed by the 7^th respondent; (vii) Provide liberty to the petitioners to approach competent authority against the 7^th ,9^th , and 10^th respondents and others for the crime committed with mala fide intention;

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(viii) Issue any such other appropriate writ, order or direction as this Hon’ble Court deems fit and proper considering the circumstances of the case in the interest of justice;

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(ix) The petitioner undertake that the English translation of the document in the vernacular language will be produced as and when directed by this Hon’ble Court;”

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Having gone through the writ petition and the counter affidavits filed on behalf of the respondents, a detailed factual adjudication is required to consider the prayers sought. While the petitioners assert that the 9^th and 10^th respondents

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started cultivation in the paddy field of the petitioners illegally and that respondents 7, 9 and 10 had trespassed into their building situated in the property of the first and second petitioner in the years 2021 and 2022, the Government would state in their counter that the petitioners are illegally occupying the motor shed and motor pump constructed with the Government funds. It is also their claim that there was no question of any trespass and that it is on an agreement by all the farmers that the Padasekhara Samithi acted and that their President does not require the permission of either the first or the second petitioners to enter into the pump shed belonging to the Padasekhara Samithi.

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Given the above, none of the reliefs claimed are liable to be granted in a proceeding under Article 226 of the Constitution of India. Even if it is the case of the petitioners that the respondents under the cover of the provisions of the Kerala Conservation of Paddyland and Wetland Act and Rules misused and caused damages to the petitioners, their remedy is to approach the civil court, ask for appropriate reliefs including interim reliefs and establish the same. Without any expression on the merits of the rival contentions and leaving all the contention of the parties open, this writ petition is closed leaving liberty to the petitioners to approach a competent civil court to work out his remedies. The writ petition is closed as above

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Sd/-MOHAMMED NIAS C.P.

JUDGE

dlk/4.06.2024

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APPENDIX OF WP(C) 13269/2023

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PETITIONERS EXHIBITS

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EXHIBIT P1	A TRUE COPY OF THE LAND TAX RECEIPT NO. KL05050604644/2022 DATED 21.06.2022 RELATING TO PROPERTY OF 1ST AND 2ND PETITIONERS ISSUED BY MANJOOR VILLAGE OFFICE, VAIKOM TALUK
EXHIBIT P2	A TRUE COPY OF THE LAND TAX RECEIPT NO. KL05050604645/2022 DATED 21.06.2022 RELATING TO PROPERTY OF 1ST PETITIONERS ISSUED BY MANJOOR VILLAGE OFFICE, VAIKOM TALUK
EXHIBIT P3	A TRUE COPY OF THE LAND TAX RECEIPT NO. KL05050604635/2022 DATED 21.06.2022 RELATING TO PROPERTY OF 3RD PETITIONER ISSUED BY MANJOOR VILLAGE OFFICE, VAIKOM TALUK
EXHIBIT P4	A TRUE COPY OF THE NOTICE DATED 11.10.2021 ISSUED TO THE 1ST PETITIONER BY 5TH RESPONDENT
EXHIBIT P5	A TRUE COPY OF THE NOTICE DATED 11.10.2021 ISSUED TO THE 3RD PETITIONER BY 5TH RESPONDENT
EXHIBIT P6	A TRUE COPY OF THE COMPLAINT DATED 02.12.2022 SUBMITTED BEFORE 8TH RESPONDENT BY THE 2ND PETITIONER
EXHIBIT P7	A TRUE COPY OF THE COMPLAINT DATED 05.12.2022 SUBMITTED BEFORE THE DISTRICT POLICE CHIEF, KOTTAYAM DISTRICT, BY THE 2ND PETITIONER
EXHIBIT P8	A TRUE COPY OF THE COMPLAINT DATED 05.12.2022 SUBMITTED BEFORE THE STATE POLICE CHIEF BY THE 2ND PETITIONER
EXHIBIT P9	A TRUE COPY OF THE COMPLAINT DATED 05.12.2022 SUBMITTED BEFORE THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT BY THE 2ND PETITIONER

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EXHIBIT P10	A TRUE COPY OF THE COMPLAINT DATED 05.12.2022 SUBMITTED BEFORE THE CHIEF MINISTER OF KERALA STATE BY THE 2ND PETITIONER
EXHIBIT P11	A TRUE COPY OF THE COMPLAINT DATED 03.01.2023 SUBMITTED BEFORE THE MINISTER FOR LSGD BY THE 2ND PETITIONER
EXHIBIT P12	A TRUE COPY OF THE REPORT DATED 19.12.2022 SUBMITTED BEFORE THE DISTRICT POLICE CHIEF, KOTTAYAM BY THE STATION HOUSE OFFICER OF KADUTHURUTY POLICE STATION
EXHIBIT P13	A TRUE COPY OF THE RTI APPLICATION DATED 05.12.2022 SUBMITTED BEFORE THE STATE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE 6TH RESPONDENT BY THE 2ND PETITIONER
EXHIBIT P14	A TRUE COPY OF THE REPLY LETTER DATED 30.12.2022 ISSUED UNDER THE RTI ACT BY THE PUBLIC INFORMATION OFFICER, KRISHIBHAVAN, MANJOOR TO THE 2ND PETITIONER
EXHIBIT P15	A TRUE COPY OF THE RTI APPLICATION DATED 20.12.2022 SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER OF MANJOOR GRAMA PANCHAYAT BY THE 2ND PETITIONER
EXHIBIT P16	A TRUE COPY OF THE REPLY LETTER DATED 22.12.2022 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, MANJOOR GRAMA PANCHAYAT TO THE 2ND PETITIONER
EXHIBIT P17	TRUE COPY OF THE REPLY LETTER DATED 20.01.2023 ISSUED BY THE 6TH RESPONDENT UNDER RTI ACT TO THE 2ND PETITIONER
EXHIBIT P18	A TRUE COPY OF BUILDING TAX RECEIPT NO. 1220100621/G050408 DATED 20.05.2022 FOR BUILDING NO. 11/519/A ISSUED BY MANJOOR GRAMA PANCHAYAT OFFICE
EXHIBIT P19	PHOTO OF MOTOR PUMP HOUSE BUILDING

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EXHIBIT P20	TRUE COPY OF UNDER THE RTI INFORMATION OF OFFICE	THE APPLI ACT SUBM FICER OF	CATION DATED 21.02.2023 ITTED BEFORE THE PUBLIC KOTTAYAM PUNJA SPECIAL
EXHIBIT P21	TRUE COPY OF T ISSUED BY THE KOTTAYAM PUNJA	HE REPLY STATE PUB SPECIAL O	LETTER DATED 16.03.2023 LIC INFORMATION OFFICER, FFICE
EXHIBIT P22	THE TRUE COPY DATED 24.08.20 BY MR. T.O G CONTRACTOR), A MEMBERS BEFORE	OF PUMP 22 WHICH EORGE, M ND OTHER KOTTAYAM	ING AUCTION CONDITIONS WAS SIGNED AND SUBMITTED R. N.K RAJAN( PUMPING PADASEKHARA COMMITTEE PUNJA SPECIAL OFFICER
EXHIBIT P23	THE TRUE COPY WHICH WAS SUB KOTTAYAM PUNJA	OF THE MITTED BY SPECIAL O	BOND DATED 29.09.2022 MR. N.K RAJAN BEFORE FFICER
EXHIBIT P24	THE TRUE COPY RECEIPT NO. 46	OF ADVANC 8602101131	E CURRENT CHARGE PAYMENT 01051 DATED 13.01.2021

Aleyamma Varghese, v. State of Kerala

Case brief

What is this about?

What the court decided

Aleyamma Varghese, v. State of Kerala

Case brief

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What the court decided

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