Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944 WP(C) NO. 137 OF 2023 PETITIONER: JOHNY.P.I AGED 64 YEARS S/O ITHAPPIRI, AGED 64 YEARS NEDUMPAKUDA PUTHENPURAYIL HOUSE, PAMPAKUDAKARA, ONAKKUR VILLAGE, PAMPAKUDA.P.O., ERNAKULAM, PIN - 686667 BY ADVS. P.P.JACOB MARIYAM JACOB RESPONDENTS:
1 THE ASSISTANT ENGINEER P.W.D.OFFICE, PIRAVOM, ERNAKULAM, PIN - 686664 2 THE SUPERINTENDENT OF SURVEY & LAND RECORDS CIVIL STATION, KAKKANADU, ERNAKULAM, PIN - 682030 3 THE VILLAGE OFFICER ONAKKUR VILLAGE OFFICE, ERNAKULAM, PIN - 686667 4 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, ERNAKULAM, PIN - 682030 5 THE TAHSILDAR TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION, PATTIMATTOM, MUVATTUPUZHA, PIN - 686673
SR.GP SMT DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 15th day of March, 2023 Petitioner is the title holder of 41 cents of property in Survey No.845/7 of Onakkur Village, Moovattupuzha Taluk, which according to the petitioner is lying adjacent to other properties owned by the petitioner. To put it short, since there was some dispute with respect to the boundary of the property, applications were filed by the petitioner before the respondents. However, no action was initiated, consequent to which W.P.(C.)No.6537 of 2022 is filed before this Court, which was disposed of as per Ext.P8 judgment dated 07.04.2022, issuing the following directions;
“8. At any rate, the demarcation was done more than 15 years ago and the respondents have now raised a dispute regarding the boundary and ownership of the tree.
9. In the fats and circumstances narrated above, this Court is of the view that the petitioner can be permitted to remove the trees after
ascertaining the boundaries between the property of the petitioner and the PWD road. In the circumstances, the writ petition is disposed of directing the 2nd respondent to cause a survey, demarcate the boundary between the property of the petitioner and the PWD road clearly and submit a report to the District Collector, within a period of one month. The 2 nd respondent shall provide a copy of such report to the petitioner also. Based on the report, if the trees in question is falling within the boundary of the petitioner, the petitioner will be entitled to remove the same, in accordance with law.”
2. In the instant writ petition, petitioner has sought for the following reliefs;
(i) Issue a writ of mandamus or any other
writ order or direction directing the second respondent to furnish copy of the report as well as completion plan prepared based on the measurement conducted as directed and Ext.P8 judgment to the petitioner immediately.
(ii) Permit the petitioner to remove the trees standing inside the property of the petitioner.
3. Learned Senior Government Pleader, on
instructions, submitted that, in so far as the first relief sought for by the petitioner is concerned, the second respondent will give a copy of the report as well as the survey sketch to the petitioner without any further delay. In so far as the second relief sought for by the petitioner is concerned, with respect to cutting and removal of the trees standing in the compound of the petitioner, it is for the petitioner to pursue the remedy before the 1 st respondent or any other statutory authority competent to grant permission for the same.
4. In that view of the matter, after hearing the
learned Counsel for the petitioner, Smt. Mariyam Jacob and the learned Senior Government Pleader, Smt. Deepa Narayanan, the writ petition is disposed of, directing the second respondent to furnish copy of a report and a survey sketch as directed in Ext.P8 judgment, at the earliest and at any rate within a month of receipt of a copy of this judgment. The liberty of the petitioner to file suitable application for cutting and removal of the trees before the competent authority is left open, and if any such representation is submitted by the petitioner, it shall be considered by the competent authority, in accordance with law. Sd/- SHAJI P. CHALY JUDGE AP APPENDIX OF WP(C) 137/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) EXHIBIT P2 TRUE PHOTOCOPY OF THE NOTICE ISSUED TO THE PETITIONER VIDE NO. G3-1770/2005 DATED 5.8.2005 EXHIBIT P3 TRUE PHOTOCOPY OF THE NOTICE DATED 14.10.2005 WITH COPY TO OTHER RESPONDENTS ISSUED BY THE SECOND RESPONDENT
EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C)
EXHIBIT P5 TRUE PHOTOCOPY OF THE PETITION DATED 24.11.2005
SUBMITTED TO THE STATION HOUSE OFFICER,RAMAMANGALAM POLICE STATION EXHIBIT P6 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 1.2.2022 EXHIBIT P7 TRUE PHOTOCOPY OF THE LETTER DATED 4.2.2022 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P8 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER DATED 6.9.22 BY THE PETITIONER TO THE SECOND RESPONDENT EXHIBIT P10 TRUE PHOTOCOPY OF THE LETTER DATED 31.10.2022 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXHIBIT P11 TRUE PHOTOCOPY OF THE LETTER DATED 7.11.2022 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT TRUE COPY P.A. TO JUDGE