Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 23RD DAY OF JANUARY 2023 / 3RD MAGHA, 1944 WP(C) NO. 17680 OF 2013 PETITIONER: GOPAN S/O.VISWANATHAN, KAILAS, CHERUSSERIBHAGAM, CHAVARA, KOLLAM DISTRICT. BY ADV SRI.C.RAJENDRAN RESPONDENTS:
1 THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM-691013. 2 THE SUB DIVISIONAL MAGISTRATE/REVENUE DIVISIONAL MAGISTRATE, KOLLAM, COLLECTORATE, KOLLAM DISTRICT - 691013. 3 THE ADDITIONAL TAHSILDAR KARUNAGAPPALLY, KOLLAM DISTRICT-690518. 4 THE VILLAGE OFFICER CHAVARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 691583. 5 CHAVARA GRAMA PANCHAYATH OFFICE OF THE CHAVARA GRAMA PANCHAYATH, KOLLAM-691583. 6 GANESAN GANESH BHAVAN (JANAKI MANDIRAM), CHERUSSERI BHAGOM, CHAVARA, KOLLAM-691583. 7 VIJAYAKUMARI W/O.GANESAN, (JANAKI MANDIRAM), CHERUSSERIBHAGOM, CHAVARA, KOLLAM-691583. BY ADV. SRI.K.M. FAISAL, GP SRI.JOSEPH SEBASTIAN KOLLAM SRI.LIJU. M.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2023, ALONG WITH WP(C).28214/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 23RD DAY OF JANUARY 2023 / 3RD MAGHA, 1944 WP(C) NO. 28214 OF 2013 PETITIONERS: 1 GANESAN, AGED 59 YEARAS, S/O.GOVINDAN, RESIDING AT GANESH BHAVAN, CHERUSSERIBHAGAM, CHAVARA P.O, KOLLAM DISTRICT. 2 VIJAYAKUMARI, W/O.GANESAN RESIDING AT GANESH BHAVAN, CHERUSSERIBHAGAM, CHAVARA P.O, KOLLAM DISTRICT. BY ADV SRI.LIJU. M.P RESPONDENTS: 1 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DISTRICT COLLECTOR COLLECTORATE, KOLLAM-691 013. 3 THE SUB DIVISIONAL MAGISTRATE/ REVENUE DIVISIONAL MAGISTRATE, COLLECTORATE, KOLLAM DISTRICT-691 013. 4 THE DEPUTY TAHSILDAR CHAVARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT-695 183. 5 THE VILLAGE OFFICER CHAVARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT-695 183. 6 CHAVARA GRAMA PANCHAYAT
OFFICE OF THE CHAVARA GRAMA PANCHAYAT, KOLLAM DISTRICT-695 183 7 GOPAN, S/O.VISWANATHAN KAILAS, CHERUSSERIBHAGAM, CHAVARA PO, KOLLAM DISTRICT - 695 183 BY ADVS. SRI.K.M.FAISAL, GOVERNMENT PLEADER SRI.C.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2023, ALONG WITH WP(C).17680/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C).Nos. 17680 and 28214 of 2013 ---------------------------------------------- Dated this the 23rd day of January, 2023
JUDGMENT
These two writ petitions are connected and therefore I am disposing of these two writ petitions by a common judgment.
2. First I will narrate the facts in W.P.
(C)No.17680/2013: According to the petitioner, there is a canal Purampokku near the National Highway from K.C. Theatre Junction. This canal Purambokku is having an area of 11.40 Ares. The petitioner and others who are also residing on the side of the canal Purambokku are using the said canal Purambokku as the public pathway as the only way for the egress and ingress into their residential houses and properties. It is the case of the petitioner that respondents 6 and 7 are husband and wife and they are residing on the southern side of the said Purambokku. It is the case of the petitioner that respondents 6 and 7 encroached 0.4 Ares of the Purambokku and constructed a compound wall by reducing the said portion into their exclusive possession. It is the case of the petitioner that the petitioner and other locals submitted a mass petition before the 2nd respondent against the said encroachment and the official respondents are not taking any steps. Hence this writ petition is filed with the following prayers:
“(i) To issue a writ of nature of MANDAMUS or any other appropriate writ order or direction compelling and commanding the 3rd respondent to demolish the compound wall constructed by the respondents 6 and 7 encroaching the purambokku land within a time frame fixed by this Honorable Court.
(ii) To grant such other reliefs this Hon'ble
Court may deem fit and proper to grant in the facts
and circumstances of the case.”[SIC]
3. W.P.(C)No.28214/2013 is filed with the following prayers:
“(i) Call for the records relating to Exhibits- P4, P5, P7 and P8; ii) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the 1st respondent to dispose of Exhibit-P8 at the earliest, at any rate within a time limit as fixed by this Hon'ble Court, after hearing all parties and making proper enquires including measuring of petitioners' property in the light of Exhibit-P1;
(iii) Issue a writ of mandamus or any other
appropriate writ or order or direction, directing the respondents 2 to 4 to keep in abeyance all proceedings in furtherance to Exhibit-P7 till the disposal of Exhibit-P8;
(iv) Issue a writ of mandamus or any other
appropriate writ or order or direction, directing the respondents 3 to 5 to clear the mistakes crept in the re-survey records relating to the petitioners' property comprised in Re.Sy. No.163/8 in Block No.19 of Chavara Village, within a time limit as fixed by this Hon'ble Court;
(v) Such other reliefs this Honourable Court deems fit and proper to grant in the facts and circumstances of the case.”[SIC]
4. The petitioners in this writ petition are the
respondents 6 and 7 in W.P.(C)No.17680/2013. The main prayer of the petitioners in this writ petition is for issuing appropriate direction to the 1st respondent to dispose of Ext.P8 application which is submitted for surveying the land.
5. Heard counsel appearing for the petitioners and the learned Government Pleader.
6. The main grievance of the petitioner in W.P.
(C)No.17680/2013 is that there is encroachment of puramboke by the respondents 6 and 7 in that writ petition. Respondents 6 and 7 in W.P. (C)No.17680/2013 filed W.P.(C)No.28214/2013 stating that there is no encroachment and if a survey is conducted it will be revealed that there is no encroachment.
7. The learned Government Pleader after
getting instructions submitted that a survey is conducted and there is encroachment and notice is issued to the petitioners in W.P.(C)No.28214/2013 and further proceedings were not taken because of the pendency of this writ petition. The Government Pleader also takes me through a report submitted by the Additional Tahsildar dated 28.11.13 in which it is stated that the Additional Tahsildar, Karunagappally demolished the said compound wall. If that is the case, nothing survives in this case. If there is any surviving grievance to the petitioners, they are free to approach the competent authority in accordance to law. With the above observation, these writ petitions are closed. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF WP(C) 28214/2013 PETITIONER EXHIBITS
EXT.P1 - TRUE COPY OF THE DOCUMENT NO.510/94 DATED 4-2-1994 OF CHAVARA S.R.O EXT.P2 -TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 17-4-1996. EXT.P3 - TRUE COPY OF THE REPLY DATED 25-9-2012 SUBMITTED BY THE 1ST PETITIONER EXT.P4 - TRUE COPY OF THE NOTICE DATED 22-11-2012 ISSUED BY 4TH RESPONDENT EXT.P5 - TRUE COPY OF THE PETITION DATED 14-12-2012 SUBMITTED BEFORE 2ND RESPONDENT
EXT.P6 - TRUE COPY OF THE JUDGMENT
DATED 19-12-2012 IN WPC.NO.29606/12.
EXT.P7 - TRUE COPY OF THE ORDER
DATED 10-4-2013 ISSUED BY 2ND RESPONDENT. EXT.P8 - TRUE COPY OF THE REPRESENTATION/REVISION DATED 24-9- 2013 SUBMITTED BY PETITIONERS BEFORE THE GOVERNMENT/1ST RESPONDENT. RESPONDENTS EXHIBITS : NIL APPENDIX OF WP(C) 17680/2013 PETITIONER EXHIBITS
EXHIBIT-P1: A TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 3.2.2009. EXHIBIT-P2: A TRUE PHOTOCOPY OF THE REPORT IN THE PRESCRIBED FORM IS DATED 3.2.2009. EXHIBIT-P3: A TRUE PHOTOCOPY OF THE DIRECTION DATED 16.2.2009. EXHIBIT-P4: A TRUE PHOTOCOPY OF THE SKETCH. EXHIBIT-P5: A TRUE PHOTOCOPY OF THE REPORT DATED 16.10.2009. EXHIBIT-P6: A TRUE PHOTOCOPY OF THE PETITION DATED 28.10.2011. EXHIBIT-P7: A TRUE PHOTOCOPY OF THE
JUDGMENT IN WRIT PETITION
NO.17102/2012 OF THIS HON'BLE COURT DT.7.9.2012. EXHIBIT-P8: A TRUE PHOTOCOPY OF THE NOTICE DATED 22.11.2012. EXHIBIT-P9: A TRUE PHOTOCOPY OF THE
JUDGMENT IN WRIT PETITION NO.29606
OF 2012 OF THE HONOURABLE COURT DT.19.12.2012. EXHIBIT-P10: A TRUE PHOTOCOPY OF THE
ORDER DATED 10.04.2013.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE