IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 22782 of 2011(W) -------------------------- PETITIONER : --------------------- PROF.K.RAGHAVAN NAIR, PRESIDENT, SREE SWAPRAKASHA TRUST, SASTHAMCOTTA P.O., KOLLAM, RESIDING AT REMYA, MANAKKARA MURI, SASTHAMCOTTA P.O., KOLLAM. BY ADVS. SRI.K.SUBASHCHANDRA BOSE SMT.RESHMA LESLIE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SECRETARY TO GOVT., REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM-691 013. 4. THE TAHSILDAR, KUNNATHOOR TALUK OFFICE, KUNNATHOOR, KOLLAM-690 540. 5. RURAL SUPERINTENDENT OF POLICE, KOTTARAKKARA-690 586. R1 TO R5 BY GOVT. PLEADER SRI. VIJU ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 22782 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE TRUST DEED NO. IV/68 DATED 26-9-1981. EXT.P2 : COPY OF THE GIFT DEED DATED 17-10-1981 TRANSFERING 14.97 ARES OF PROPERTY TO THE TRUST. EXT.P3 : COPIES OF THE BASIC TAX RECEIPTS DATED 1-6-2010 AND 15-6-2011 OF THE TRUST PROPERTY. EXT.P4 : COPY OF THE LOCATION SKETCH AND POSSESSION CERTIFICATE OF THE TRUST PROPERTY ISSUED BY THE SASTHAMCOTTA VILLAGE OFFICER. EXT.P5 : COPY OF THE BUILDING PERMIT NO. C2.329/10-11 DATED 27-9-2010 BY THE SASTHAMCOTTA GRAMA PANCHAYATH. EXT.P6 : COPY OF THE ORDER DATED 21-12-2010 BEARING NO. A4-17779/10 OF THE 4TH RESPONDENT. EXT.P7 : COPY OF THE INAUGURATION NOTICE OF THE SASTHAMCOTTA POLICE STATION DATED 27-2-2011. EXT.P8 : COPY OF THE LETTER OF THE SASTHAMCOTTA VILLAGE OFFICER DATED 7-4-2011. EXT.P9 : COPY OF THE REPRESENTATION DATED 14-6-2011 SENT TO THE RESPONDENTS AND OTHERS. EXT.P10 COPY OF THE LETTER RECEIVED FROM THE OFFICE OF REVENUE MINISTER DATED 23-6-2011. EXT.P11 COPY OF THE INTERIM ORDER PASSED BY THE 3RD RESPONDENT DISTRICT COLLECTOR AND PREVIOUS MINUTES WITH THE REPLY RECEIVED FROM THE INFORMATION OFFICER IN THE OFFICE OF THE DISTRICT COLLECTOR, KOLLAM. RESPONDENT'S EXHIBITS : ANNEXURE - 1 : COPY OF THE STOP MEMO DATED 2.9.2010 ISSUED BY THE VILLAGE OFFICER, SASTHAMCOTTA. (Contd...) WP(C).No. 22782 of 2011(W) ANNEXURE - 2 : COPY OF THE MINUTES OF THE MEETING HELD ON 16.10.2010. ANNEXURE - 3 : COPY OF THE COMMUNICATION DATED 2.12.2010 ISSUED BY THE REVENUE DIVISIONAL OFFICER, KOLLAM. //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 22782 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 30th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Ext.P1 is the Trust Deed of Sree Swaprakasha Trust and the petitioner is its President. Ext.P2 is their title deed which shows that they own 13.70 Ares of land in Survey No.576/5 of Sasthamcotta village. Ext.P3 is the tax receipt and Ext.P4 is the possession certificate and the location sketch of the property in question. According to the petitioner, for the construction of a compound wall, they made an application to the Panchayat for a building permit and that, Ext.P5 permit was issued. It is stated that, on the strength of Ext.P5, when they cleared the ground and mobilised the materials for constructing the compound wall, the fourth respondent issued Ext.P6 stop memo, informing the petitioner that, in a meeting held in the Chamber of the District Collector on 16.10.2010, it has been decided to evict W.P.(C) No.22782/2011 : 2 : all other unauthorised occupants of the area and that the District Collector also issued an order under Section 144(2) of the Code of Criminal Procedure. On receipt of Ext.P6, petitioner submitted Ext.P9 representation to various authorities, requesting for permission to proceed with the work. However, they did not receive any response and, therefore, the writ petition is filed, seeking to quash Ext.P6. 2. On behalf of the fourth respondent, a statement has been filed in which respondents are seeking to justify Ext.P6 relying on an order dated 15.06.2010 issued by the District Collector and also Annexure-2, minutes of the meeting held on 16.10.2010, which is also mentioned in Ext.P6. It is stated that Sasthamcotta Lake is the only fresh water lake in Kollam district and that in order to ensure the supply of drinking water, it is absolutely necessary to preserve the lake. 3. According to the learned Government Pleader, it was in order to preserve the lake in question, the order dated 15.06.2010 was issued by the District Collector and the W.P.(C) No.22782/2011 : 3 : decisions in the meeting held on 16.10.2010 were taken. 4. A copy of the order passed by the District Collector on 15.06.2010 was made available to this Court. Reading of this order shows that by this order, the District Collector has prohibited sand mining in Kallada river and also declared Sasthamcotta Lake and its catchment area as a protected area. Reading of this order shows that this order does not prevent any citizen from enjoying his property in any legitimate manner. In so far as the minutes of the meeting held on 16.10.2010 is concerned, that meeting was also convened with the intention to preserve the lake in question. It is seen that among the other decisions, one of the decision was to evict all unauthorised occupants in the catchment area of the lake and also to cancel many of the pattas issued in that area. It appears that in pursuance to the said meeting, Annexure-3 communication was issued by the Revenue Divisional Officer to the Tahsildar on 02.12.2010, directing that the petitioner should be prevented from undertaking W.P.(C) No.22782/2011 : 4 : construction and according to the learned Government Pleader, it was in pursuance to Annexures-2 and 3 referred to above, that Ext.P6 was issued by the Tahsildar on 02.12.2010. 5. Although decisions have been taken to evict unauthorised occupants and to cancel the pattas, fact remains that as on date no such steps have been taken against the petitioner and the petitioner's title evidenced by Ext.P2 remains undisturbed. If that be so, the Trust is entitled to enjoy its property and undertake any legitimate activities. As already seen, the Trust has obtained Ext.P5 building permit for the construction of a compound wall. Therefore, the construction work undertaken on the strength of Ext.P5 is only a legitimate activity which could not have been prevented in the manner as sought to be done. Therefore, Ext.P6 cannot be sustained. 6. Accordingly, Ext.P6 will stand quashed. It is made clear that quashing of Ext.P6, or the work undertaken on the W.P.(C) No.22782/2011 : 5 : strength of this judgment, will not prevent the authorities from taking any action against the Trust in pursuance to Annexure-2 and in accordance with law. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/30/11 // True Copy // P.A. To Judge