Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY,THE10H DAY OF FEBRUARY201421ST MAGHA, 1935 WP(C).No. 12788 of 2013 (W) ---------------------------------------- PETITIONER(S): ----------------------- 1. STELLA PODUTHAS, AGED83 W/O.LATE MANUEL PODUTHAS, KORAVAMPARAMBIL HOUSE, VADUTHALA, ERNAKULAM.
2. ALPHY PODUTHAS, AGED60YEARS, S/O.LATE MANUEL PODUTHAS, KORAVAMPARAMBIL HOUSE, VADUTHALA, ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT-682020.
2. REVENUE DIVISIONAL OFFICER, FORT KOCHI-682002.
3. THE TAHSILDAR, KANAYANNUR TALUK682011.
4. THE VILLAGE OFFICER, CHERANALLUR VILLAGE, ERNAKULAM-682014.
5. SANI FRANCIS, AGED60YEARS, S/O.K.C.FRANCIS, KATRIKUDIYIL HOUSE, RMV ROAD, ELAMAKKARA, KOCHI-682026.
6. THE ADMINISTRATOR, M/S.CHINMAYA VIDYALAYA, VADUTHALA, KOCHI-682023.
7. THE CORPORATION OF KOCHI, REP. BY ITS SECRETARY, CORPORATION OFFICE, KOCHI682011. R1-4 BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE R5 BY ADV. SRI.PEEYUS A.KOTTAM R6 BY ADVS. SRI.K.ANAND (SR.) SMT.LATHA KRISHNAN SRI.K.R.PRAMOTH KUMAR SRI.JOSEPH SEBASTIAN (PARACKAL) R7 BY ADV. SRI.BABU KARUKAPADATH,SC,COCHIN CORPORA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 12788 of 2013 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- THE TRUE COPY OF THE COMMISSION REPORT AND THE SURVEY SKETCH FILED IN O.S.69/2010 BEFORE THE HON'BLE MUNSIFF'S COURT, ERNAKULAM. P2- THE TRUE COPY OF THE MASS REPRESENTATION DATED2202.2012 SUBMITTED BEFORE THE2D RESPONDENT. P3- THE COPY OF THE LETTER DATED1603.2012, ISSUED BY THE3D RESPONDENT TO THE7H RESPONDENT. P4- THE COPY OF THE REPLY ISSUED BY THE7H RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ P.R. RAMACHANDRA MENON, J.
--------------------------------------- W.P.C. No.12788 OF2013--------------------------------------- Dated this the 10th day of February, 2014. JUDGMENT
The petitioners have approached this Court with the following prayers: "(i) Pass a writ of Mandamus directing the 1st, 2nd and 7th respondents to initiate necessary proceedings to evict the 5th and 6th respondents who are unauthorizedly and unlawfully occupying the Puramboku land and to recover the same. (ii) Pass a writ of Mandamus directing the 1st, 2nd and 7th respondents to reclaim the illegally filled up public channel after evicting the 5th and 6th respondents from the Puramboku land. (iii) Issue any other writ or direction appropriate in the circumstances of this case." 2. The learned counsel for the petitioners submits that, the petitioners are constrained to approach this Court, because of the callous inaction on the part of the 7th respondent in considering and taking necessary steps pursuant to Ext.P3, which is pending consideration before there for quite a long. Despite the lack of three years, no positive steps have been taken and hence the writ petition.
2. Heard the learned counsel appearing for the 6th respondent, as well as the learned Standing Counsel appearing W.P.C.No.12788 OF20132 for the 7th respondent. Despite the completion of service of notice, there is no representation for the 5th respondent. In the said circumstances, the writ petition is disposed of, directing the 7th respondent to pass appropriate orders on Ext.P3, taking necessary steps in conformity with the relevant provisions of law. The proceedings as above shall be finalised after hearing to the petitioners as well as the respondents 5,6 and other interested parties, if any, at the earliest, at any rate, within `two months' from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the 7th respondent, for further steps. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE sp