WP(C) NO. 6214 OF 2012 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 6214 OF 2012
PETITIONER/S:
T. SOMARAJAN
AGED 54 YEARS
SMITHA BHAVAN, VAYALA P.O., PUTHUSSERI BHAGOM,
ERATHU VILLAGE, ADOOR.
BY ADVS.
SRI.D.KISHORE
SMT.MINI GOPINATH
RESPONDENT/S:
1 THE ERATHU GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, VADAKKADATHUKAVU P.O.,
ADOOR 691529.
2 THE SECRETARY
ERATH GRAMA PANCHAYAT, VADAKKADATHUKAVU P.O., ADOOR-
691529.
3 THE TAHSILDAR
ADOOR.
4 THE ADDITIONAL TAHSILDAR
ADOOR.
5 ANILKUMAR
S/O.DEVADASAN, ATTARA VEEDU, VAYALA P.O.,
PUTHUSSERIBHAGOM MURI, ERATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT.
6 DEVADASAN
ATTARA VEEDU, VAYALA P.O., PUTHUSSERIBHAGOM MURI,
ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA
WP(C) NO. 6214 OF 2012 2
DISTRICT.
7 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM.
BY ADVS.
SRI.SAJJU.S
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
SRI.K.SHAJ
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6214 OF 2012 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.6214 of 2012
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Dated this the 28th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers : "a. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to take appropriate steps under the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorized Occupation) Rules, 1996 against respondents 5 and 6 and to remove the encroachment in the thodu puramboke in Resurvey 622/1, Block No.17 of Erathu Village, forthwith. b. To issue a writ of mandamus or any other appropriate writ, direction or order directing the 2 nd respondent to act an Exhibits P3 and P5 and take follow up actions in accordance with law as expeditiously as possible. c. grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice.". [SIC]
2. The main prayer in the writ petition is against the illegal construction done by the 5 th respondent. The petitioner approached the Panchayat with a representation which leads to Ext.P4. Ext.P4 is the proceedings by the Addl.Tahsildar to WP(C) NO. 6214 OF 2012 4 the Secretary, Erathu Grama Panchayat. Ext.P4(2) is the report by the Surveyor. The case of the petitioner is that no follow up action is taken.
3. Heard the learned counsel for the petitioner and the learned counsel appearing for the Panchayat. I also heard the learned Government Pleader. The counsel for the 6th respondent submitted that the 6th respondent is no more.
4. After hearing both sides, I think writ petition itself can be disposed of directing the respondents to take appropriate steps consequent to Ext.P4, if not already taken. Before taking any steps, the affected parties will be given a notice.
Therefore, this writ petition is disposed of directing respondent Nos. 2 and 3 to take appropriate steps in consequent to Ext.P4, if not already taken.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 6214 OF 2012 5 APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE PROCEEDINGS NO.6934 DATED 29.9.2009 OF THE ADDL. SECRETARY, PUBLIC GRIEVANCES CELL.
EXT.P2 TRUE COPY OF THE PROCEEDINGS NO. A1-6878/11 DATED 10.12.2011 OF THE 2ND RESPONDENT EXT.P3 TRUE COPY OF THE PROCEEDINGS
NO.19429/CMPGRC/S.K/2011/GAD DATED 9.1.2012 OF THE JOINT SECRETARY, PUBLIC GRIEVANCES CELL ALONG WITH THE REPORT OF 2ND RESPONDENT EXT.P4 TRUE COPY OF THE PROCEEDINGS NO.D1-2898/11 DATED 18.2.2012 OF THE 4TH RESPONDENT EXT.P5 TRUE COPY OF THE PROCEEDINGS NO.D1-2898/11 DATED 18.2.2012 OF THE 4TH RESPONDENT EXT.P6 TRUE COPY OF THE PLAINT IN SO 71/2012 OF MUNSIFF COURT, ADOOR EXT.P7 TRUE COPY OF THE ORDER IN IA NO 387/12 IN OS 71/12 RESPONDENT'S EXHIBITS :
EXT.R6(A) TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER HEREIN IN ORIGINAL SUIT NO.71 OF 2012 BEFORE THE MUNSIFF COURT ADOOR EXT.R6(B) TRUE COPY ADVOCATE COMMISSIONER'S REPORT FILED IN ORIGINAL SUIT NO.71 OF 2012 BEFORE THE MUNSIFF COURT, ADOOR EXT.R6(C) TRUE COPY REVISION PETITION PETITIONER FILED BY THIS RESPONDENT BEFORE THE DISTRICT COLLECTOR UNDER SECTION 13A OF THE KERALA SURVEY AND BOUNDARIES ACT 1961