IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 16396 OF 2022
PETITIONER:
C.A.ELSY,
AGED 63 YEARS
W/O.JOSE, OLAKKENGIL HOUSE, MUNDOOR.P.O.,
THRISSUR DISTRICT, PIN-680541.
BY ADV K.VISWANATHAN
SHRI.AHAMMED SACHIN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
PALAYAM.P.O,THIRUVANANTHAPURAM DISTRICT, PIN-695001.
2 THE DISTRICT COLLECTOR,
THRISSUR, COLLECTORATE, AYYANTHOLE P.O.,
THRISSUR DISTRICT - 680 003.
3 THE TAHSILDAR,
THALAPPILLY TALUK OFFICE, KODUNGALLUR - SHORNUR
ROAD, WADAKKANCHERY, THRISSUR DISTRICT - 680 623.
4 THE VILLAGE OFFICER,
WADAKKANCHERY VILLAGE OFFICE, WADAKKANCHERRY P.O.,
THRISSUR DISTRICT - 680 582.
SMT.MABLE C.KURIAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16396 OF 2022 2
JUDGMENT
The petitioner alleges that there are illegal encroachments and constructions on the side of the Mangalam Road, abutting her property at Wadakkancherry Village on its western side. She says that she has, therefore, preferred Exts.P2 and P3 complaints before respondent Nos.4 and 2 respectively; and alleges that they have taken no action pursuant thereto.
2. The learned Senior Government Pleader - Smt.Mable C.Kurian, however, in response to the afore submissions of Shri.Ahammad Sachin - learned counsel for the petitioner, submitted that Exts.P2 and P3 have already been acted upon and that they have been forwarded to the jurisdictional Tahsildar (Land Records) for necessary action. She submitted that once the said Authority completes the proceedings, including measurement and survey of the areas in question, all apposite steps will be taken to remove the encroachments and illegal constructions, if any, without any avoidable delay.
3. The afore submissions of the learned Senior Government Pleader make it evident that the official Authorities have also taken WP(C) NO. 16396 OF 2022 3 cognizance of the complaint of the petitioner. Whether they are genuine or otherwise will have to be certainly proved through an enquiry, including survey and measurement of the properties involved.
Resultantly, I order this writ petition and direct the jurisdictional Tahsildar (Land Records), or such other competent Authority before whom Exts.P2 and P3 are presently pending, to take up the same and complete proceedings thereon, following due procedure and after conducting all necessary enquiry/investigation as may be necessary, and also affording necessary opportunity of being heard to the petitioner, as also any other person who may be interested; thus culminating in final orders and necessary action thereon, as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/26.5 WP(C) NO. 16396 OF 2022 4 APPENDIX OF WP(C) 16396/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO.
78/2017 ON THE FILE OF MUNSIFF COURT, WADAKKANCHERY DATED 20.1.2017.
Exhibit P2 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 05.05.2022.
Exhibit P3 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05.05.2022.