IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 10184 OF 2020
PETITIONER:
UNNIKRISHNAN U.P
AGED 66 YEARS
S/O. NARAYANA MENON, UPPILAPATTA PUTHENVEEDU,
KOLATHUR P.O., MALAPPURAM-679 338.
BY ADV BIJU ABRAHAM
RESPONDENTS:
1 MOORKKANADU GRAMA PANCHAYAT
VENGAD P.O., MALAPPURAM DISTRICT-679338.
REPRESENTED BY ITS SECRETARY
2 KARUPPAN
AGED 63 YEARS
FATHERS NAME NOT KNOWN, MELEMANAKKAD,
KOLATHUR, MALAPPURAM-679 338.
3 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
MALAPPURAM - 676 505
4 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA - 679 322.
5 THE TALUK SURVEYOR,
OFFICE OF TALUK SURVEYOR,
PERINTHALMANNA - 679 322.
6 THE VILLAGE OFFICER
VILLAGE OFFICE, MOORKANADU,
KOLATHUR P.O., PIN - 679 338.
[ADDITIONAL RESPONDENTS 3 TO 6 ARE IMPLEADED AS
PER ORDER DATED 11.10.2021 IN I.A.NO.1/2021 IN
WP(C)10184/2020.]
BY ADVS.SRI.ASHWIN SETHUMADHAVAN, SR.GP
SRI.K.T.SIDHIQ
SRI.ARUN RANJIT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.10184/2020
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.10184 of 2020
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Dated this the 17th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
A. A writ of mandamus or any other appropriate writ, order or direction commanding the 1 st respondent to implement Exhibit P6 order by removing the encroachment on the thodu passing through Sy. No. 396/3, 396/6 to 396/10, 249/3, 249/5, 77/8, 315/4 and 69/1 of Moorkkanad village within a time limit fixed by this Hon'ble Court.
AA. A writ of mandamus or any other appropriate writ order or direction commanding the respondents 3 to 6 to remove all kind of encroachment on the thodu passing through Sy. Nos 396/3, 396/6 to 396/10, 249/3 249/5 77/8 315/4 and 69/1 of Moorkkanad Village within a time fixed by this Hon'ble court by restoring the natural flow of thodus.
B. Any other appropriate writ, order or directions as this Hon'ble court deem fit on the fact and in the circumstances of the case and allow this petition with cost.
(SIC) W.P.(C).No.10184/2020 3
2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is issued to the 1 st respondent to consider Ext.P15 and pass appropriate orders in it. I think the aboveprayer can be allowed without expressing any opinion on merit. The 1st respondent is free to pass appropriate orders in accordance to law.
Therefore, this writ petition is disposed of in the following manner:
1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P15, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
2. All the contentions raised by the petitioner in this writ petition are left open.
SD/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.10184/2020 4 APPENDIX OF WP(C) 10184/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 7.6.2012 OF THE IST RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 22.1.2013 IN APPEAL NO.456/2012 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION THIRUVANANTHAPURAM. EXHIBIT P3 A TRUE COPY OF THE RESOLUTION NO.V(1) DATED 26.2.2013 OF THE IST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE SURVEY REPORT SUBMITTED BY THE ADDITIONAL TAHSILDAR, PERINTHALMANNA DATED 23.1.14. EXHIBIT P5 A TRUE COPY OF THE ORDER OF THE IST RESPONDENT DATED 27.5.2014.
EXHIBIT P6 A TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.682/2014 DATED 8.2.2017. EXHIBIT P7 COPY OF THEW COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, KOLATHUR DATED 05.07.2017 EXHIBIT P8 COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, KOLATHUR DATED 19.07.2017 EXHIBIT P9 COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19.07.2017 EXHIBIT P10 COPY OF THE ORDER DATED 16.09.2017 IN WPC 24279/2017 EXHIBIT P11 COPY OF THE JUDGMENT IN WPC 24279/2017 DATED 13.09.2018 EXHIBIT P12 COPY OF THE INTERIM COMMISSION REPORT WITH ANNEXURE C1 TO C5 FILED IN CON.CASE NO.242/2019 IN WPC 24279/2017 DATED 24.10.2019 EXHIBIT P13 COPY OF THE REPORT WITH ANNEXURE C6 TO C8 FILED IN CON.CASE NO.242/2019 IN W.P.(C).No.10184/2020 5 WPC 24279/2017 DATED 25.11.2019 EXHIBIT P14 COPY OF THE REPLY OBJECTION FILED BY THE PETITIONER TO THE COMMISSION REPORT DATED 08.02.2020 WITH ANNEXURE A10 TO 12 FILED IN CON.CASE NO.242/2019 IN WPC 24279/2017 DATED 24.10.2019 EXHIBIT P15 COPY OF THE REQUEST SUBMITTED BY TEH PETITIONER DATED 03.03.2020