IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 19429 OF 2013
PETITIONER:
SUDHEESH.D.N.
NALINI MANDIRAM, MANCHADIMOODU,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT.
BY ADV SRI.J.JAYAKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
2 THE COMMISSIONER OF LAND REVENUE
THIRUVANANTHAPURAM-695001.
3 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM-695001
4 THE ASSISTANT COMMISSIONER LAND ACQUISITION
THIRUVANANTHAPURAM-695001
5 THE REVENUE DIVISIONAL OFFICER
THIRUVANANTHAPURAM-695001
6 THE SUB COLLECTOR AND DIVISIONAL MAGISTRATE
THIRUVANANTHAPURAM-695001.
7 THE VILLAGE OFFICER
SARKKARA VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695304
8 THE DIRECTOR
SURVEY AND LAND RECORDS,
THIRUVANANTHAPURAM-695001.
*9 ANIRUDHAN, (EXPIRED)
SUMANGALI, KURAKKADA P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM - 695 104.
R9 IS EXPIRED AND R10 IS THE WIFE AND LEGAL HEIRS
OF THE DECEASED R9 AS PER ORDER DATED 07-10-2021
IN WP(C) 19429/2013.
W.P.(C).No.19429/2013
2
10 SUMAM
SUMANGALI, KURAKKADA P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM - 695 104.
BY ADVS.
SRI.P.G.PRAMOD
OTHER PRESENT:
SMT.VIDYA KIRIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.19429/2013
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.19429 of 2013
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Dated this the 27th day of May, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the records leading to the passing of Exhibit P6 and quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order.
ii. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to take follow up action on the basis of Exhibits P4 and P5 as expeditiously as possible.
iii. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to conduct a detailed enquiry in to the issues highlighted in Exhibits P4 and P5 and to take appropriate action against the concerned officials without delay.
(SIC) W.P.(C).No.19429/2013 4
2. Petitioner challenged Ext.P6 order passed by the District Collector, Thiruvananthapuram by which it is held that there is no encroachment to the property in Re-Survey No.514/11 (Old Survey No.1151A).
3. If the petitioner is aggrieved by Ext.P6 order, he is free to challenge the same before the 1 st respondent by filing a representation. If such a representation is filed, there can be a direction to the 1st respondent to consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner.
Therefore, this writ petition is disposed of in the following manner:
1. The petitioner is free to file a representation challenging Ext.P6 before the 1st respondent within three weeks from the date of receipt of a copy of this judgment.
2. Once such a representation is received, the 1 st respondent will consider the same and pass appropriate orders in it in accordance to law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any W.P.(C).No.19429/2013 5 rate, within four months from the date of receipt of the representation.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.19429/2013 6 APPENDIX OF WP(C) 19429/2013 PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE PROCEEDINGS NO.G-5485/05 DATED 10.06.2005 OF THE 5TH RESPONDENTS. EXHIBIT P2. TRUE COPY OF THE PROCEEDINGS NO.MC5485/05 DATED 18.12.2009 OF THE 6TH RESPONDENT. EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 10.01.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P4. TRUE COPY OF THE ENQUIRY REPORT DATED 15.05.2013 OF THE 4TH RESPONDENT.
EXHIBIT P5. TRUE COPY OF THE PROCEEDINGS NO.LR(K3)-16161/13 DATED 07.06.2013 OF THE 2ND RESPONDENT. EXHIBIT P6. TRUE COPY OF THE ORDER NO.B11-72697/11 DATED 02.07.2013 OF THE 3RD RESPONDENT.
EXHIBIT P7. TRUE COPY OF THE COMMON JUDGMENT DATED 26.03.2010 IN O.S.371/2004 AND O.S.380/2004 OF MUNSIFF'S COURT, ATTINGAL.