Kerala High Court
Mani vs The District Collector, Ernakulam on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 24565 OF 2017
PETITIONER:
MANI
AGED 57 YEARS, S/O. KOCHAPPAN,
VATTATHARA HOUSE, NAYARAMBALAM P.O.,
KERALA, ERNAKULAM-682509.
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI.
3 THE TAHSILDAR
KOCHI TALUK, KOCHI.
4 THE VILLAGE OFFICER
NAYARAMBALAM VILLAGE, NAYARAMBALAM.
5 RAJALAKSHMI
AGED 52 YEARS, W/O. PRATHAPKUMAR,
KATTOOR HOUSE, 120BM4A,
BALAKRISHNA MENON ROAD, EDAPALLY.
BY ADVS.SRI.RIYAL DEVASSY, GP
SRI.SREEJITH S.NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.24565/2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.24565 of 2017
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Dated this the 11th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue writ of mandamus or any other appropriate writ order or direction and thereby direct the respondents 1 to 4 to take speedy and effective steps to liberate 2 cents of puramboke land falling in resurvey number 57/10 of Nayarambalam village from the illegal possession of the 5th respondent.
ii. Issue writ of mandamus or any other appropriate writ order or direction and thereby direct the respondents 1 to 4 to consider and pass appropriate orders in Exhibit P5 representation within a time frame fixed by this court. iii. Grant such other reliefs which are suit and necessary in the interest of justice.
(SIC)
2. Petitioner is the owner of the property covered by Ext.P1 and the 5th respondent is the owner of the property covered by Ext.P2 is the submission. According to the WP(C).No.24565/2017 3 petitioner, property of the 5th respondent is situated on the northern side of his property. It is submitted that there is a strip of puramboke land lying in Re-Survey No.57/10, in Block No.7 of Nayarambalam Village situated in touch with the north western side of Ext.P2 property. Ext.P3 is the basic tax register. According to the petitioner, the said puramboke land is having an extent of about 8.05 ares. It is submitted that the 5th respondent, illegally trespassed into two cents of puramboke land and reduced the same into her possession. The 5th respondent has constructed a compound wall enclosing two cents of puramboke land is the grievance of the petitioner. The said fact was evidenced from Ext.P4 is the submission. As there was no action, the petitioner submitted Ext.P5 to respondents 1 to 4 and requested to take immediate and effective action to evict the 5th respondent from the puramboke land. The same is not considered is the grievance. Hence this writ petition.
3. Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned counsel appearing for the 5th respondent.
4. The counsel for the 5th respondent submitted that WP(C).No.24565/2017 4 there were two suits filed by both parties as O.S.No.421/2015 and O.S.No.43/2023 before the Munsiff's Court, Kochi. It is further submitted that O.S.No.421/2015 is decreed in favour of the 5th respondent and an appeal is pending before the Sub Court, Kochi. The counsel for the petitioner submitted that the survey plan produced in O.S.No.421/2015 would show that there is puramboke land which is marked as 'F' in the survey plan. The counsel for the 5th respondent submitted that there is no encroachment of puramboke land and there is a decree in favour of the 5th respondent.
5. I do not want to make any observation about the same. If there is any encroachment to the puramboke land which is not covered by the decree passed by the civil court, the 3rd respondent will do the needful in accordance with law, with notice to the petitioner and the 5 th respondent. To facilitate the 3rd respondent to consider the matter, the petitioner can file a representation before the 3rd respondent.
Therefore, this writ petition is disposed of with following directions:
1. The petitioner is free to file a representation before the 3rd WP(C).No.24565/2017 5 respondent narrating his surviving grievance, within three weeks from the date of receipt of a certified copy of this judgment.
2. Once such a representation is received, the 3rd respondent will consider the same and pass appropriate orders in it, after affording an opportunity of hearing to the petitioner and the 5 th respondent, as expeditiously as possible, at any rate, within three months from the date of receipt of the representation.
3. The petitioner and the 5th respondent are free to produce additional documents also before the 3rd respondent.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.24565/2017
6
APPENDIX OF WP(C) 24565/2017
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE REGISTERED CORRECTED
SALE DEED BEARING NO. 1703/1996
EXHIBIT-P2 TRUE COPY OF THE DOCUMENT BEARING NO.
2623/200 KOCHI SRO
EXHIBIT-P3 TRUE COPY OF THE BASIC TAX REGISTER IN
RESPECT OF THE SAID PURAMBOKE LAND
EXHIBIT-P4 TRUE COPY OF THE LETTER ISSUED BY THE
4TH RESPONDENT
EXHIBIT-P5 TRUE COPY OF THE COMPLAINT SUBMITTED
TO RESPONDENTS 1 TO 4 BY THE
PETITIONER.