Kerala High Court
Juby Ben vs The District Collector on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 3961 OF 2017 1
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. 3961 OF 2017
PETITIONER/S:
JUBY BEN
AGED 59 YEARS
AGED 59 YEARS, S/O.BEN D'CRUZ, RESIDING AT MAMOOTTIL
HOUSE,UPPUTHARA VILLAGE, UPPUTHARA P.O.,PIN - 685
505.
BY ADVS.
SRI.ALEX.M.SCARIA
SMT.SARITHA THOMAS
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
KUYILIMALA, PAINAVU P.O.,IDUKKI - 685 603.
2 THE TAHSILDAR
TALUK OFFICE, PEERUMEDU P.O.,IDUKKI - 685 531.
3 THE VILLAGE OFFICER
UPPUTHARA VILLAGE, UPPUTHARA P.O.,IDUKKI - 685 505.
4 EXECUTIVE ENGINEER
P.W.D (ROADS DIVISION), PEERMADE,PEERUMEDU P.O.,
IDUKKI - 685 531.
5 THE STATION HOUSE OFFICER
UPPUTHARA, UPPUTHARA P.O.,IDUKKI - 685505.
6 THE UPPUTHARA GRAMA PANCHYATH
REP. BY ITS SECRETARY, UPPUTHARA P.O.,IDUKKI -
685505.
7 MINI ARTS AND SPORTS CLUB 131289
WP(C) NO. 3961 OF 2017 2
UPPUTHARA P.O., REPRESENTED BY ITS
SECRETARYSRI.V.N.RAVI, VELLASERIL HOUSE,UPPUTHARA
P.O., IDUKKI - 685 505.
8 SRI.V.N.RAVI
VELLASERIL HOUSE, UPPUTHARA P.O.,IDUKKI - 685 505.
9 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,P.W.D
DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
10 THE DEPUTY DIRECTOR OF PANCHAYATH
OFFICE OF THE DEPUTY DIRECTOR OF
PANCHAYATH,THODUPUZHA P.O., IDUKKI - 685 558.
11 THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT
DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR REVENUE
SRI.K.JAJU BABU (SR.)
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.K.A.BALAN
SRI.S.DEEPAK
SRI.MOHAMMED ANZAR K.J. SPL.G.P. FOR REVENUE
SRI.K.JAJU BABU SR.
SRI.PETER JOSE CHRISTO
SMT.K.N.REMYA
SMT.N.SANTHA
SRI.V.VARGHESE
SMT.M.U.VIJAYALAKSHMI
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
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. 3961 OF 2017 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 3961 of 2017
--------------------------------------
Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
(I) "Issue a writ of mandamus or any other writ, order or direction commanding and compelling respondents 1 to 5 to take appropriate action against the respondents 6 to 8 for creating Exhibit-P3 and for making illegal construction in Exhibit-P3 land by encroaching Government land; (II) Issue a writ of mandamus or any other writ, order or direction commanding and compelling the 6th respondent to desist from all construction activities in Exhibit-P3 land without following the provisions of law;
(III) Issue a writ of certiorari or any other writ, order or direction to quash Exhibit-P3;
(IV) Issue such other reliefs which this Honourable Court may deem fit and appropriate in the facts and circumstances of this case." [sic]
2. When this writ petition came up for consideration, the learned Counsel appearing for the Panchayat submitted that WP(C) NO. 3961 OF 2017 4 the proposal to construct a comfort station in the property is already dropped by the Panchayat. If that is the case, nothing survives in this case. If there is any fresh cause of action, the petitioner is free to agitate the same separately.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 3961 OF 2017 5 APPENDIX OF WP(C) 3961/2017 PETITIONER EXHIBITS P1 TRUE COPY OF THE PLAINT IN OS 202/2016.
P2 TRUE COPY OF THE COMMISSION REPORT PREPARED IN OS 202/2016.
P3 TRUE COPY OF THE DOCUMENT CREATED BY THE 8TH RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT IN HIS CAPACITY AS THE SECRETARY OF THE 7TH RESPONDNET ON 27.8.2016.
P4 TRUE COPY OF THE REPLY DATED 05.8.2016 BEARING NO.3/16 ISSUED BY THE PUBLIC INFORMATION OFFICER, VILLAGE OFFICE, UPPUTHARA.
P5 TRUE COPY OF THE PHOTOGRAPHS OF THE TOILET COMPLEX WHICH IS JUST 25 MTRS AWAY FROM EXHIBIT P3 CITE.
P6 TRUE COPY OF THE NOTICE INVITING TENDER ISSUED BY THE 6TH RESPONDENT, BEARING NO. 3/A3/LSGD/UPA/16-17 DTED 22.12.2016.
P7 TRUE COPY OF THE REPRESENTATION DATED 12.1.2017 FILED BEFORE THE 10TH RESPONDENT.
P8 TRUE COPY OF THE REPRESENTATION DATED 12.1.2017 BEFORE THE 1ST RESPONDENT.
P9 TRUE COPY OF THE REPRESENTATION DATED 03.2.2017 FILED BEFORE THE 5TH RESPONDENT.
P10 TRUE COPY OF THE LETTER DATED 07.4.2000 BEARING NO. AB2-357/1999 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, P.W.D (ROADS WP(C) NO. 3961 OF 2017 6 SUB DIVISION), PEERUMADE.
P11 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF EXHIBIT P3 LAND TO DO THE ACTIVITIES OF CONSTRUCTION OF PUBLIC TOILET.