Thomas vs The District Collector

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                    WP(C) NO. 14769 OF 2022
PETITIONERS:

    1      THOMAS
           AGED 71 YEARS
           OFFICE AT AISWARYA STORES, NEAR MATTOM GROUND,
           P.O MATTOM, THRISSUR 680 602

    2      BAIJU
           AGED 45 YEARS
           S/O. POULOSE, RESIDING AT EMMATTY HOUSE
           P.O.MATTOM, THRISSUR 680 602

           BY ADVS.
           SAMEER M NAIR
           R.RAJESH (VARKALA)
           T.S.SARATH
           MANU RAMACHANDRAN
           M.KIRANLAL

RESPONDENTS:

    1      THE DISTRICT COLLECTOR
           THRISSUR, CIVIL STATION,
           AYYANTHOLE, THRISSUR 680 003

    2      REVENUE DIVISIONAL OFFICER,
           THRISSUR,CIVIL STATION AYYANTHOLE,
           THRISSUR 680 003.

    3      VILLAGE OFFICER,
           ALOOR, ALOOR VILLAGE OFFICE,
           THRISSUR 680 683

ADDL.R4    KANDANASSERY GRAMA PANCHAYAT,
           KANDANASSERY GRAMA PANCHAYAT OFFICE,
           MATTOM P.O, THRISSUR-680 607,
           REP. BY ITS SECRETARY LEKHA.V, AGED 52 YEARS,
           W/O DR.MADHU SUBRAMANIAN, RESIDING AT 4F-GULMOHAR
           APARTMENTS, SITARAM MILL LANE, POONKUNNAM,
           THRISSUR DISTRICT, PIN 680 002.
 W.P.(C).No.14769/2022

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           [ADDL.R4 IS IMPLEADED AS PER ORDER DATED
           13.06.2022 IN I.A NO:1/2022 IN WP(C)
           14769/2022].
           BY ADVS.N.M.MADHU
           M.C.ASHI
           SMT.VIDYA KURIAKOSE, GOVT. PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.14769/2022

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                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.14769 of 2022
              ----------------------------------------------
            Dated this the 10th day of August, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus, or any appropriate writ or direction to respondents setting aside Ext. P1 stop memo and order.

ii. To issue a writ of mandamus, or any appropriate writ or direction to respondents or their agents from destroying or interfering with Erakulam Palikulam link road.

iii. Such other Writ, Orders or Directions deem fit on facts and in theinterest of justice.

(SIC)

2. The petitioners are aggrieved by Ext.P1 prohibitory order issued by the Village Officer, Aloor, by which it is directed to stop the construction work to change a thodu to a road. The petitioners challenged the authority of the Village Officer to issue Ext.P1. Hence this writ petition.

3. Heard the learned counsel for the petitioners, learned Government Pleader and the learned counsel for the W.P.(C).No.14769/2022 4 additional 4th respondent.

4. This Court perused Ext.P1. If the allegation in Ext.P1 is correct, that is a matter to be looked into by the 2 nd respondent. Therefore, the 3rd respondent will forward a report to the 2nd respondent, and the 2 nd respondent, after giving an opportunity of hearing to the petitioners and the additional 4th respondent, will pass appropriate orders in accordance to law.

Therefore, this writ petition is disposed of in the following manner:

1. The 3rd respondent will submit a report before the 2nd respondent based on Ext.P1 within three weeks from the date of receipt of a copy of this judgment.

2. The 2nd respondent, on receipt of the report from the 3rd respondent, will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the additional 4th respondent, as expeditiously as possible, at any rate, within W.P.(C).No.14769/2022 5 one month from the date receipt of the report of the 3rd respondent.

3. Status quo as on today as far as the property is concerned will continue till final orders are passed by the 2nd respondent.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.14769/2022 6 APPENDIX OF WP(C) 14769/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE STOP MEMO AND ORDER OF REINSTATEMENT ISSUED BY 3RD RESPONDENT TO PETITIONERS DATED 16-03-

Exhibit P2 A TRUE COPY OF THE REPLY MADE BY PETITIONERS TO EXT P1 NOTICE Exhibit P3 A TRUE COPY OF KERALA STATE GAZETTE PUBLICATION DATED 13-01-2021 OF DATA BANK IN GRAMAPANCHAYATH Exhibit P4 A TRUE COPY OF THE TITLE DEED REGISTERED AS 3310 OF 2006 BEFORE SRO KUNNAMKULAM DATED 15-12-2006 Exhibit P4(A) A TRUE COPY OF THE TITLE DEED REGISTERED AS 565 OF 2006 BEFORE SRO KUNNAMKULAM DATED 01-03-2006 RESPONDENT EXHIBITS Ext.R4 (a) True copy of the A-register issued by the Village Office, Aloor Ext.R4 (b) True copy of the complaint dated 14.03.2022 submitted by the Secretary of Karshaka Sangham, Mattom Unit Ext.R4 (c) True copy of the complaint dated 14.03.2022 submitted by the Secretary of DYFI, Mattom West Unit Ext.R4 (d) True copy of the report dated 16.03.2022 submitted by the section clerk ANNEXURE R3(a) TRUE COPY OF RELEVANT EXTRACTS OF BTR ANNEXURE R3(b) TRUE COPY OF LETTER NO.B2/1058/2222 DATED 18.03.2022 OF THE SECRETARY,KANDANASSERY GRAMA PANCHAYATH