Sidheek N.M. Vs. Hameed - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142667
CourtKerala High Court
Decided OnMay-31-2014
JudgeHONOURABLE MR.JUSTICE A.M.SHAFFIQUE
AppellantSidheek N.M.
RespondentHameed
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice a.m.shaffique saturday, the31t day of may201410th jyaishta, 1936 wp(c).no. 13799 of2014(y) --------------------------------------- petitioner: ------------------- sidheek.n.m, s/o. mohammed, aged34years, njanimuttom, cheruvattoor p.o, eramalloor village, kothamangalam taluk, ernakulam district. by adv. sri.p.m.ziraj.respondents: ----------------------- 1. hameed, s/o. enathy,aged60years, monikkattil house, cheruvattoor p.o, pin - 686 691, eramalloor village, kothamangalam taluk, ernakulam district.2. the revenue divisional officer, muvattupuzha, ernakulam district- 686 661.3. the tahsildar, kothamangalam, ernakulam district - 686 691.4. the taulk surveyor, kothamangalam, ernakulam district- 686 691.5. the district collector, civil station, ernakulam district - 682 030.6. the village officer, eramalloor village, ernakulam district.7. nellikuzhy grama panchayath, nellikuzhy, ernakulam, pin - 686 691,represented by its secretary, 8. secretary, nellikuzhy grama panchayath, nellikuzhy, ernakulam, pin - 686 691 . prv. w.p.(c).no.13799/2014 - y:9. state of kerala, represented by the secretary to revenue, government of kerala, government secretariat, thiruvananthapruam. r2 to r6 & r9 by government pleader smt. c.k. sherin. this writ petition (civil) having come up for admission on3105-2014, the court on the same day delivered the following: prv. w.p.(c).no.13799/2014 - y: appendix petitioner's exhibits: exhibit p1: true copy of the sketch without date issued by the village officer, eramallor village showing the property of the petitioner, property of the first respondent and the said thodu and road. exhibit p2: true copy of the relevant pages of the basic tax register dated3008-2013 of the eramalloor village issued by the sixth respondent. exhibit p3: true copy of the mass complaint dated3010-2013 submitted before the second respondent by the petitioner and other local people. exhibit p4: true copy of the report of the sixth respondent to the second respondent dated1111-2013. exhibit p5: true copy of the communication dated1301-2014 issued by the second respondent to the third respondent. exhibit p6: true copy of the plaint in o.s no. 411 of2013dated1608-2013 on the file of the munsiff court, moovattupuzha. exhibit p7: true copy of the commission report dated1012-2013 submitted by the advocate commissioner gerodi geroge joseph before the munsiff court, moovattupuzha. exhibit p8: true copy of the written statement dated0402-2014 submitted by the petitioner before the munsiff court, moovattupuzha. respondents' exhibits: nil. //true copy// p.s. to judge. prv. a.m. shaffique, j.=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= w.p(c) no. 13799 of 2014 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= dated this, the 31st day of may, 2014. judgment petitioner has approached this court inter alia seeking the following reliefs: "1. issue a writ of mandamus or any appropriate writ, order or direction by directing the respondents two to nine to remove the encroachment and obstruction on the way leading to the kadavu situated on the banks of nedumoola thodu from the panchayath road.2. direct the 2nd respondent to consider and dispose of ext. p3 mass complaint submitted by the petitioner and other local people within a reasonable time fixed by this honourable court on the basis of ext. p4 report of the sixth respondent and take immediate action on the basis of the same." 2. according to the petitioner, the 1st respondent had encroached into the puramboke land and despite ext. p4 report of the village officer, no action is taken by the revenue authorities to restore the land to its original position by removing the encroachment.3. even according to the petitioner, the 1st respondent has filed a suit as o.s. no. 411/2013 before the munsiff's court, moovattupuzha seeking a declaration of title in respect of plaint c schedule property and to restrain the defendants therein from trespassing into the said property and dispossessing the plaintiff from the same and from committing waste therein. w.p(c) no. 13799 of 2014 -:2. :- 4. under these circumstances, there is no reason to issue the directions as claimed by the petitioner since the subject matter is pending before the civil court.5. the learned counsel for the petitioner submits that no interim orders had been passed by the civil court. if there is no interim order, definitely it is possible for the revenue authorities to take appropriate proceedings in accordance with law. but it is well within the discretion of the revenue authorities to take necessary steps at the appropriate time depending upon the lis involved in the matter. under these circumstances, the petitioner is not entitled for any relief in this writ petition and accordingly the same is dismissed. sd/- a.m. shaffique, judge. tds/
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE SATURDAY, THE31T DAY OF MAY201410TH JYAISHTA, 1936 WP(C).NO. 13799 OF2014(Y) --------------------------------------- PETITIONER: ------------------- SIDHEEK.N.M, S/O. MOHAMMED, AGED34YEARS, NJANIMUTTOM, CHERUVATTOOR P.O, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ.

RESPONDENTS: ----------------------- 1. HAMEED, S/O. ENATHY,AGED60YEARS, MONIKKATTIL HOUSE, CHERUVATTOOR P.O, PIN - 686 691, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.

2. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT- 686 661.

3. THE TAHSILDAR, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 691.

4. THE TAULK SURVEYOR, KOTHAMANGALAM, ERNAKULAM DISTRICT- 686 691.

5. THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM DISTRICT - 682 030.

6. THE VILLAGE OFFICER, ERAMALLOOR VILLAGE, ERNAKULAM DISTRICT.

7. NELLIKUZHY GRAMA PANCHAYATH, NELLIKUZHY, ERNAKULAM, PIN - 686 691,REPRESENTED BY ITS SECRETARY, 8. SECRETARY, NELLIKUZHY GRAMA PANCHAYATH, NELLIKUZHY, ERNAKULAM, PIN - 686 691 . Prv. W.P.(C).NO.13799/2014 - Y:

9. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM. R2 TO R6 & R9 BY GOVERNMENT PLEADER SMT. C.K. SHERIN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON3105-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.13799/2014 - Y: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE SKETCH WITHOUT DATE ISSUED BY THE VILLAGE OFFICER, ERAMALLOR VILLAGE SHOWING THE PROPERTY OF THE PETITIONER, PROPERTY OF THE FIRST RESPONDENT AND THE SAID THODU AND ROAD. EXHIBIT P2: TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER DATED3008-2013 OF THE ERAMALLOOR VILLAGE ISSUED BY THE SIXTH RESPONDENT. EXHIBIT P3: TRUE COPY OF THE MASS COMPLAINT DATED3010-2013 SUBMITTED BEFORE THE SECOND RESPONDENT BY THE PETITIONER AND OTHER LOCAL PEOPLE. EXHIBIT P4: TRUE COPY OF THE REPORT OF THE SIXTH RESPONDENT TO THE SECOND RESPONDENT DATED1111-2013. EXHIBIT P5: TRUE COPY OF THE COMMUNICATION DATED1301-2014 ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT. EXHIBIT P6: TRUE COPY OF THE PLAINT IN O.S NO. 411 OF2013DATED1608-2013 ON THE FILE OF THE MUNSIFF COURT, MOOVATTUPUZHA. EXHIBIT P7: TRUE COPY OF THE COMMISSION REPORT DATED1012-2013 SUBMITTED BY THE ADVOCATE COMMISSIONER GERODI GEROGE JOSEPH BEFORE THE MUNSIFF COURT, MOOVATTUPUZHA. EXHIBIT P8: TRUE COPY OF THE WRITTEN STATEMENT DATED0402-2014 SUBMITTED BY THE PETITIONER BEFORE THE MUNSIFF COURT, MOOVATTUPUZHA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. A.M. Shaffique, J.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= W.P(C) No. 13799 of 2014 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Dated this, the 31st day of May, 2014.

JUDGMENT

Petitioner has approached this Court inter alia seeking the following reliefs: "1. Issue a writ of mandamus or any appropriate writ, order or direction by directing the respondents two to nine to remove the encroachment and obstruction on the way leading to the Kadavu situated on the banks of Nedumoola thodu from the Panchayath road.

2. Direct the 2nd respondent to consider and dispose of Ext. P3 mass complaint submitted by the petitioner and other local people within a reasonable time fixed by this Honourable court on the basis of Ext. P4 report of the sixth respondent and take immediate action on the basis of the same." 2. According to the petitioner, the 1st respondent had encroached into the puramboke land and despite Ext. P4 report of the Village Officer, no action is taken by the revenue authorities to restore the land to its original position by removing the encroachment.

3. Even according to the petitioner, the 1st respondent has filed a suit as O.S. No. 411/2013 before the Munsiff's Court, Moovattupuzha seeking a declaration of title in respect of plaint C schedule property and to restrain the defendants therein from trespassing into the said property and dispossessing the plaintiff from the same and from committing waste therein. W.P(C) No. 13799 of 2014 -:

2. :- 4. Under these circumstances, there is no reason to issue the directions as claimed by the petitioner since the subject matter is pending before the civil court.

5. The learned counsel for the petitioner submits that no interim orders had been passed by the civil court. If there is no interim order, definitely it is possible for the revenue authorities to take appropriate proceedings in accordance with law. But it is well within the discretion of the revenue authorities to take necessary steps at the appropriate time depending upon the lis involved in the matter. Under these circumstances, the petitioner is not entitled for any relief in this writ petition and accordingly the same is dismissed. Sd/- A.M. Shaffique, Judge. Tds/