Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, PETITIONER: G.MANOHARAN AGED 52 YEARS UTHRATTATHI(UDAYA BHAVAN) KOTTUKALKONAM, KATTACHAKKUZHI P.O., THIRUVANANTHAPURAM-695 BY ADV. SRI.D.SOMASUNDARAM RESPONDENTS: 1 ASSISTANT ENGINEER, NIP CHANAL SECTION NI CHANAL SECTION, PALLICHAL, THIRUVANANTHAPURAM-695 020 2 DEPUTY TAHSILDAR, TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121 3 TAHSILDAR, TALUK OFFICE, NEYYATTINKARA, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121 R BY SRI MOHAMMED ANZAR K.J- SPL GOVERNMENT PLEADER (REVENUE) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
JUDGMENT
The petitioner, who is stated to be the owner in
possession of 1.28 Ares of property in Re-survey No.456 of Balaramapuram Village in Neyyattinkara Taluk, which is covered by partition deed dated 08.02.2017, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P6 order dated 26.12.2019 issued by the 1st respondent Assistant Engineer, NIP Channel Section, Pallichal, whereby the petitioner is required to remove the constructions made in canal puramboke as per the report of the Taluk Surveyor. The petitioner has also sought for a writ of mandamus commanding the respondents to refrain from taking any action till Ext.P1 suit, i.e., O.S.No.334
of 2018, is finally decided by the Munsiff's Court, Neyyattinkara; and for a declaration that the finding of the 1 st respondent that the petitioner is a trespasser on puramboke land and direction issued in Ext.P6 are illegal and without jurisdiction.
2. On 20.01.2020, when this writ petition came up for admission, the learned Government Pleader sought time to -3-
get instructions. This Court granted an interim order to maintain status quo as on 20.01.2020 till 03.02.2020. The said interim order was extended until further orders on 17.02.2020.
3. The respondents are yet to file counter affidavit.
4. Heard the learned counsel for the petitioner and also the learned Special Government Pleader appearing for the respondents.
5. During the course of arguments, the learned
Special Government Pleader would submit that Ext.P6 order
dated 26.12.2019 issued by the 1st respondent can be treated as a notice issued to the petitioner requiring him to show cause. On the petitioner submitting his reply, the 1 st respondent shall consider the same and take an appropriate decision as to further course to be taken in the matter, with notice to the petitioner and after affording him an opportunity of being heard.
6. The learned counsel for the petitioner would submit that the petitioner shall submit reply, treating Ext.P6 order as show cause notice, raising appropriate legal and factual -4- contentions and that, he shall also appear before the 1 st respondent on the date to be notified. Having considered the submissions made by the learned
counsel on both sides, this writ petition is disposed of, without going into the merits of the case, with the following directions; i) Ext.P6 order dated 26.12.2019 issued by the 1 st
respondent Assistant Engineer shall be treated as a notice issued to the petitioner asking him to show cause. ii) The petitioner shall, within ten days from the date of receipt of a certified copy of this judgment, submit his reply to Ext.P6. iii) Thereafter, the 1st respondent shall consider that reply with notice to the petitioner and after affording him an opportunity of being heard and take an appropriate decision on the further course to be taken in the matter, strictly in accordance with law, within a further period of two months. iv) Till such time, the order of status quo granted on 20.01.2020 shall continue to be in force. Sd/- ANIL K.NARENDRAN, JUDGE
AV/01/12 -5- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS 334 OF 2018 BEFORE THE MUNSIFFS COURT, NAYYATTINKARA EXHIBIT- P1A TRUE COPY OF NOTICE OF CENTRAL NAZAR
SERVING THE ORDER
EXHIBIT P2 TRUE COPY OF THE REPORT DATED 26.5.2017 SUBMITTED BY THE VILLAGE OFFICER, BALARAMAPURAM TO THE TALUK OFFICE, NEYYATTINKARA EXHIBIT P3 TRUE COPY OF LETTER REQUESTED TO THE TAHSILDAR, NEYYATTINKARA BY THE MANGALACKAL HWCS LTD.H23, ARUVIKARA KAVALASSERY P.O EXHIBIT P4 TRUE COPY OF THE PETITION NO.H1/23/2017 TO THE TAHSILDAR SUBMITTED BY THE SENIOR CO-OPERATIVE INSPECTOR (HANDLOOM) BALARAMAPURAM EXHIBIT P5 TRUE COPY OF PETITION DATED 26.3.2018 SUBMITTED BY THE PETITIONER TO THE ASSISTANT ENGINEER, IRRIGATION
EXHIBIT P6 TRUE COPY OF THE ORDER
NO.AE/PLS/52/2011-12 DATED 26.12.2019 ISSUED BY THE FIRST RESPONDENT