Haris vs the District Collector

HARIS vs The District Collector

Type Court Judgment Court Kerala Decided May 31, 2023

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https://sooperkanoon.com/case/1363715

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Citation: sooperkanoon.com/1363715
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: May 31, 2023
Case Number: WP(C)/17552/2023

Parties & Advocates

Appellant / Petitioner

HARIS

Respondent

The District Collector

Excerpt

.....ext.p5 is issued based on a complaint from a nearby resident. i do not want to make observation about the merit of the case. there can be a direction to the 1st respondent to look into this matter. if the bunk shop is conducted without getting permission, the 1 st respondent will also consider the request of the petitioners to regularise the same if possible considering the facts and circumstances of this case. therefore, there can be a direction wp(c) no. 17552 of 2023 4 to the 1st respondent to consider ext.p6 after giving an opportunity of hearing to the petitioners and other affected parties,if any. till then, all further proceedings based on ext.p5 can be deferred. therefore, this writ petition is disposed of with the following directions : 1) the 1st respondent is directed to consider ext.p6 and take appropriate steps in accordance with law after giving an opportunity of hearing to the petitioners and other affected parties, if any. 2) till final orders are passed, all further proceedings based on ext.p5 is deferred. 3) the petitioners will produce a certified copy of thisjudgment along with a copy of this writ petition before the1st respondent for compliance. sd/- p.v.kunhikrishnan judge sks wp(c) no. 17552 of 2023 5 appendix of wp(c) 17552/2023 petitioner exhibits exhibit p1 true copy of disability certificates of aswindas dated 28.02.2018 exhibit p2 true copy of disability certificates of tharadas dated 28.08.2018 exhibit p3 true copy of the petition dated 18.5.2023 submitted by the 2nd petitioner before the hon'ble chief minister exhibit p4 . acknowledgement received from the office of the tahsildar exhibit p5 true copy of the notice issued to the 1st petitioner by the respondent dated 23.5.2023 exhibit p6 true copy of the representation dated 24.5.2023 submitted by the 1st petitioner to the district collector, palakkad

Full Judgment

WP(C) NO. 17552 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 WP(C) NO. 17552 OF 2023 PETITIONER/S: 1 HARIS AGED 50 YEARS AGED 50 YEARS, PUTHENVEEDU, NAIKARAKADU, KUNNUPARAMBA, MUDAPPALLUR P.O., PALAKKAD DISTRICT- 678706., PIN - 678706 2 RAJANI AGED 48 YEARS W/O. HARIDAS, AGED 48 YEARS, PUTHENVEEDU, NAIKARAKADU, KUNNUPARAMBA, MUDAPPALLUR P.O., PALAKKAD DISTRICT-678706., PIN - 678706
BY ADVS. P.R.VENKATESH LAKSHMI MEENAKSHI P.R. RESPONDENT/S: 1 THE DISTRICT COLLECTOR CIVIL STATION, PALAKKAD -678001, PIN - 678001 2 ASSISTANT ENGINEER P.W.D. ROAD SECTION, ALATHUR, PALAKKAD DISTRICT - 678541, PIN - 678541 3 THE TAHSILDAR TALUK OFFICE, ALATHUR, PALAKKAD-678541, PIN - 678541 OTHER PRESENT: SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17552 OF 2023 2
P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No.17552 of 2023 -------------------------------------- Dated this the 31st day of May, 2023

JUDGMENT

The above writ petition is filed with following prayers : a) “Issue a writ of certiorari quashing Exhibit P5; b) Issue a writ of mandamus or any other appropriate writ,

order or direction directing the 3rd respondent to issue the

necessary certificate for erecting and keeping the bunk shop to the 2nd petitioner in the Mudappallur to Mangalam road; c) Issue a writ of mandamus or any other appropriate writ,

order or direction directing the 1" respondent to take

appropriate action in the Exhibit P6 submitted by the 1" petitioner forthwith; d) issue such other or further orders as this Hon'ble Court may deem just and fit in the circumstances of the case; and e) Dispense with production of English translation vernacular documents.” [SIC]

2. The 1st petitioner is a physically handicapped person.

Two children of the 2nd petitioner have 65% and 75% physical WP(C) NO. 17552 OF 2023 3 disability is the submission. The 2 nd petitioner is conducting a small bunk shop. Now, a notice is issued by the Assistant Engineer of the PWD (Roads) Section as evident by Ext.P5 to vacate the premises stating that it is an illegal encroachment of the Government property. The petitioners submitted Ext.P6 before the 1st respondent. The same is not considered is the further grievance. Hence, this writ petition.

3. Heard the learned counsel for the petitioners and the learned Government Pleader.

4. The learned counsel for the petitioners reiterated the

contentions raised in this writ petition. The learned Government Pleader submitted that Ext.P5 is issued based on a complaint from a nearby resident. I do not want to make observation about the merit of the case. There can be a direction to the 1st respondent to look into this matter. If the Bunk shop is conducted without getting permission, the 1 st respondent will also consider the request of the petitioners to regularise the same if possible considering the facts and circumstances of this case. Therefore, there can be a direction WP(C) NO. 17552 OF 2023 4 to the 1st respondent to consider Ext.P6 after giving an opportunity of hearing to the petitioners and other affected parties,if any. Till then, all further proceedings based on Ext.P5 can be deferred. Therefore, this writ petition is disposed of with the following directions : 1) The 1st respondent is directed to consider Ext.P6 and take appropriate steps in accordance with law after giving an opportunity of hearing to the petitioners and other affected parties, if any. 2) Till final orders are passed, all further proceedings based on Ext.P5 is deferred. 3) The petitioners will produce a certified copy of this

judgment along with a copy of this writ petition before the

1st respondent for compliance. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 17552 OF 2023 5 APPENDIX OF WP(C) 17552/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DISABILITY CERTIFICATES OF ASWINDAS DATED 28.02.2018 Exhibit P2 TRUE COPY OF DISABILITY CERTIFICATES OF THARADAS DATED 28.08.2018 Exhibit P3 TRUE COPY OF THE PETITION DATED 18.5.2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE HON'BLE CHIEF MINISTER Exhibit P4 . ACKNOWLEDGEMENT RECEIVED FROM THE OFFICE OF THE TAHSILDAR Exhibit P5 TRUE COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER BY THE RESPONDENT DATED 23.5.2023 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 24.5.2023 SUBMITTED BY THE 1ST PETITIONER TO THE DISTRICT COLLECTOR, PALAKKAD

Same Court & Year Kerala · 2023 Same Parties HARIS vs The District Collector Same Judge Honourable Mr. Justice P.V.Kunhikrishnan