Extracted from the PDF above. The PDF is authoritative.
2025:KER:26304 WP(C) NO.26187 OF 2017 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 27th DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 26187 OF 2017 PETITIONER/S: ANEENA, AGED 26 YEARS W/O.SALIM, ANEES MANZIL, MARU SOUTH, KARUNAGAPPALLY VILLAGE, ALUMKADAVU P.O., KOLLAM DISTRICT-680573. BY ADV K.K.SETHUKUMAR RESPONDENT/S: 1 THE DISTRICT COLLECTOR, COLLECTORATE KOLLAM, KOLLAM P.O., PIN-689121. 2 VILLAGE OFFICER, KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY P.O., KOLLAM DISTRICT, PIN-689121. 3 ADDL.R3. THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE, KARUNAGAPPALLY MUNICIPALITY, KARUNAGAPPALLY P.O., KOLLAM DISTRICT [ADDITIONAL RESPONDENT 3 IMPLEADED AS PER ORDER DATED 29.08.2017 IN I.A.NO.13129/2017.] SMT.K.B.SONY, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:26304 WP(C) NO.26187 OF 2017 2 MOHAMMED NIAS C. P. , J.
…………………………………………. W. P. (C) No. 26187 OF 2017 ………………………………………………. Dated this the 27th day of March, 2025 J U D G M E N T The Writ Petition is filed seeking the following reliefs:-
“i) Issue a writ of mandamus or other appropriate writs or orders directing the 1st respondent to consider Exhibit. P4 representations and to take action on it to permit her to level the property up to road level by using ordinary earth for house construction, without any further delay. (ii) To grant such other reliefs which the petitioners may seek from time to time and this Hon'ble Court may deem fit to be granted in the circumstances of the case.”
2. A statement has been filed on behalf of the respondents, producing a copy of the decision of the Local Level Monitoring Committee (LLMC), which decided to include the property in question as a wetland. 3. In view of the same, no reliefs as sought for can be granted in this Writ Petition and the same is closed without prejudice to the
2025:KER:26304 WP(C) NO.26187 OF 2017 3 right of the petitioner to challenge the decision arrived at by the LLMC, including the property in question as a wetland SD/-. MOHAMMED NIAS C.P., JUDGE JJ
2025:KER:26304 WP(C) NO.26187 OF 2017 4 APPENDIX OF WP(C) 26187/2017 PETITIONER EXHIBITS EXHIBIT P1- TRUE PHOTOCOPY OF THE SALE DEED NO.1254/13/2015 DATED 10/05/2013 OF SRO KARUNAGAPPALLY. EXHIBIT P2- TRUE PHOTOCOPY OF THE TAX RECEIPT NO.1660236 DATED 03/07/2017 ISSUED BY THE VILLAGE OFFICER, KARUNAGAPPALLY.
EXHIBIT P3- TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE NO.2015473 DATED 20/08/2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4- TRUE COPY OF THE APPLICATION DATED 24/07/2017 GIVEN TO THE 1ST RESPONDENT. EXHIBIT P5- TRUE COPY OF RECEIPT DATED 24/07/2017 ISSUED BY THE 1ST RESPONDENT AGAINST EXBT.P4 APPLICATION. RESPONDENT ANNEXURES Annexure R2(a) True copy of the relevant extract of the settlement register Annexure R2(b) True copy of the proceedings bearing No.A6- 2159/2017 dated 24.04.2018