Kerala High Court
Paristhithi Samrakshana Samithi vs State Of Kerala on 16 September, 2021
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WP(C) No.19219/2021 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 16th day of September 2021 / 25th Bhadra, 1943
WP(C) NO. 19219 OF 2021(S)
PETITIONER:
PARISTHITHI SAMRAKSHANA SAMITHI,
MUTHALAKODAM (REG NO.I 228/04), REPRESENTED BY ITS
PRESIDENT MR.N.U. JOHN, S/O. ULAHANNAN, AGED 64 YEARS,
NEDUMKALLEL, MUTHALAKODAM P.O., THODUPUZHA,
IDUKKI DISTRICT, PIN-685 605.
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
3. THE DISTRICT COLLECTOR, IDUKKI, CIVIL STATION, PAINAVU P.O., IDUKKI
DISTRICT, PIN-685 603.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit P5, pending
disposal of the Writ Petition in the interest of justice
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SMT.DAISY A.PHILIPOSE, JAI GEORGE, Advocates for the petitioner and of
SRI.S. RENJITH, SPECIAL GOVERNMENT PLEADER for respondents, the court
passed the following:
P.T.O.
WP(C) No.19219/2021 2/8
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.P.(C)No.19219 of 2021-S
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 16th day of September, 2021
ORDER
S.Manikumar, C.J.
Instant public interest litigation has been filed for the following reliefs:
"i) Issue a writ of certiorari, calling for the records relating to Exhibit-P5 and quash clause, 2, 3, 4 and 6 of Exhibit-P5 as illegal.
ii) Issue a writ of mandamus directing the respondents not to grant privileges to the encroachers and those who violated the conditions of pattayam and the interim order of this Honorable Court, by regularizing the illegal constructions and by leasing out the building to the very same persons.
iii) Issue a writ of mandamus directing the 1st respondent to take immediate and effective action to terminate the service of the erring officers who have not taken action against the illegal constructions in ldukki District."
Pending disposal of the writ petition, petitioner has also sought for a stay of all further proceedings pursuant to Exhibit P5.
WP(C) No.19219/2021 3/8W.P.(C)No.19219 of 2021-S -:2:-
2. While urging for the interim prayer, Mrs.Daisy A. Philipose, learned counsel appearing for the petitioner invited this court to an undertaking said to have been given in the year 1985 in an original petition. She also referred to the contents of Exhibit P4, order of a Division Bench of this Court in W.P.(C)Nos.34095 of 2007 and 1801 of 2010 dated 21.01.2010.
3. However, going through the impugned Government Order, G.O.(Ms)No.269/19/REV Thiruvananthapuram dated 22.08.2019, an order issued regarding unauthorised construction in the lands assigned under the Land Assignment Act, 1964, the Principal Secretary to the Government, Revenue (A) Department, Thiruvananthapuram has referred to various orders, which includes an order passed in W.P.(C)No.1801 of 2010 dated 21.01.2010.
4. Translated version of the impugned Government Order dated 22.08.2019 directing several actions to be done, as set out in paragraph 6 of the said order, is extracted hereunder:
"On the basis of the above stated facts and based on the detailed examination by the government into this matter, the following order is issued:WP(C) No.19219/2021 4/8
W.P.(C)No.19219 of 2021-S -:3:-
1. The District Collector, Idukki should submit a report in respect of the lands in Idukki District including Vagamon, after tabulating all encroachments, into the government lands, the plots consolidated after purchasing the bits of lands assigned for cultivation and houses which cannot be transferred for 12 years, plots used for a different purpose violating the conditions of assignment or those which do not have the NOC from the revenue department and building permit as per the order of the Honorable High Court in case no.WP(C) 1801/2010 dated 21.01.2010, considering them as encroached lands.
2. It is decided that Land Assignment Act, 1964 would be amended for regularizing the construction of the buildings having an area of 1500 Sqft (Plinth Area) in the assigned lands in an extent of 15 cents, if it is proved that neither the applicants nor their dependents have no property, anywhere else [as per certificate issued by RDO]. Only those constructions till the date of the order will be so regularized.
3. The District Collector, Idukki should prepare a report in each such special cases in respect of the buildings having an area of 1500 Sqft (Plinth Area) constructed in the assigned lands up to an extent of 15 cents, used for commercial purposes, if it is clearly proved that it is their only source of livelihood and submit such report to the government for a judicious decision.WP(C) No.19219/2021 5/8
W.P.(C)No.19219 of 2021-S -:4:-
4. In cases of commercial construction activities on pattayam lands which is not mentioned in paragraph 2 and 3 above, the said pattayam should be cancelled and the land and constructions should be vested in the government and the same can be leased according to the rates and conditions as per existing rules.
5. All lands without pattayam and the constructions made by encroaching into government lands, which do not come under the categories mentioned above would be resumed and vested in the government and used for public purposes.
6. The investigation by the 5 member committee constituted for examining the pattayams included in the category of illegally issued pattayam, (Raveendran pattayam) but granted by the government, should be concluded and follow-up action should be taken within three months.
7. Since the functioning of the Munnar Tribunal was stopped, the Home Department should issue an ordinance to return the cases which were being handled there to the concerned courts from where the cases had been transferred to the tribunal.
8. The Local Self Government Department should issue and order within two weeks directing that a building permits in the Idukki District should only be granted on the basis of a certificate from the village officer stating the purpose for which a pattayam is granted, to prevent future commercial WP(C) No.19219/2021 6/8 W.P.(C)No.19219 of 2021-S -:5:- construction activities violating the pattayam conditions in the land assigned as per the Land Assignment Rules.
9. Amendment should be made in the relevant Building Rules to include the condition that a building permit should only be granted on the basis of a certificate from the village officer stating the purpose for which a pattayam is granted to prevent future commercial construction activities violating the pattayam conditions in the land assigned as per the Land Assignment Rules.
10. The Local Self Government Department should formulate a town planning scheme in the Munnar Region except Vattavada and Chinnakanal areas including the conditions that construction activities must be beneficial to environment and that solar panels should be installed for generating the major portion of the electricity used, and that the rain water harvesting systems should be installed and that a system for ensuring better waste treatment should be installed, within six months."
5. Impugned order prima facie indicates that the order passed by this court in W.P.(C)No.1801 of 2010 dated 21.01.2010 has been taken note of, besides other proceedings. Process for regularisation would have commenced and at this juncture, after nearly two years WP(C) No.19219/2021 7/8 W.P.(C)No.19219 of 2021-S -:6:- from the date of issuance of the said order, we are not inclined to grant any stay of the impugned order.
6. Mr.S.Renjith, learned Special Government Pleader takes notice for the respondents.
7. A detailed counter affidavit, with particulars of the steps taken pursuant to the Government Order with supporting documents, be filed within three weeks.
Post after three weeks.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv 16-09-2021 /True Copy/ Assistant Registrar WP(C) No.19219/2021 8/8 APPENDIX OF WP(C) 19219/2021 Exhibit P4 A TRUE COPY OF THE ORDER IN WPC NO.1801/2010 DATED 21/01/2010.
Exhibit P5 A TRUE COPY OF G.O(MS) NO.269/2019/REV DATED 22.08.2019 ISSUED BY THE 2ND RESPONDENT WITH ENGLISH TRANSLATION.