Sajomon . C. P vs The District Collector

Kerala High Court

Sajomon . C. P vs The District Collector on 21 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                        &
                    THE HONOURABLE MR. JUSTICE S.MANU
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                         WP(C) NO. 37901 OF 2023
PETITIONER :-

            SAJOMON . C. P, AGED 40 YEARS
            S/O LATE CHACKO KUNJUKUNJU RESIDING AT POOVANNAL HOUSE,
            PALR, PARATHODE VILLAGE , PALARKARA, PUSHPAKANDAM P.O,
            PARATHODE VILLAGE, UDUMBUMCHOLA TALUK,
            IDUKKI, PIN - 685554

            BY ADV S.SUJINI


RESPONDENTS :-

     1      THE DISTRICT COLLECTOR
            COLLECTORATE ,CIVIL STATION ROAD, IDUKKI, PIN - 691013

     2      THE TAHASILDAR ( LR)
            TALUK OFFICE, UDUMBUMCHOLA, PIN - 685554

     3      THE SECRETARY
            NEDUMKANDAM GRAMA PANCHAYAT,NEDUNKANDAM P.O, IDUKKI, PIN -
            685553

     4      THE VILLAGE OFFICER
            PARATHOD VILLAGE PARATHOD, NEDUNKANDAM P.O, IDUKKI, PIN -
            685553

     5      SUBHASH
            S/O VASU , RESIDING AT AREECKAL HOUSE , PARATHODE
            VILLAGE , PUSHPAKANDAM P.O , UDUMBUMCHOLA TALUK, IDUKKI,
            PIN - 685554

     6      THE TAHASILDAR
            TALUK OFFICE, UDUMBUMCHOLA , IDUKKI, PIN - 685554

            BY ADV T.B.REMANI
            SRI.JAFERKHAN Y, GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37901 OF 2023
                                       2

                                JUDGMENT

A.MUHAMED MUSTAQUE,J This writ petition is filed alleging that the 5th respondent is undertaking construction on a government land illegally. It is to be noted that the 5th respondent had approached this Court in W.P.(C) No.15193 of 2024, wherein this Court ordered to vacate the land with certain conditions.

2. In the light of the above, we are of the view that the direction in the above writ petition will hold the matter and action can be initiated only in accordance with the directions in the above writ petition.

This writ petition is disposed of in the light of the directions above. The petitioner is granted liberty to approach this Court, if directions in the earlier writ petition have not complied with.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

S.MANU, JUDGE SMA WP(C) NO. 37901 OF 2023 3 APPENDIX OF WP(C) 37901/2023 PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2022-23 IN RESPECT OF 39 ARES AND 09 SQUARE METERS LYING IN BLOCK NO. 49 , PARATHOD VILLAGE LYING IN SY. NO. 523/3 AND 522/4 Exhibit P2 TRUE COPY OF THE MINUTES TAKEN IN THE MEETING DATED 16.03.2012 OF THE 3RD RESPONDENT PANCHAYAT.

Exhibit P3 TRUE COPY OF THE TRANSFER DEED DATED 23.04.2022.

ExhibitP 4 TRUE PHOTOGRAPHIC VISUALS SHOWING THE POSITION OF BRIDGE, CONSTRUCTION ACTIVITIES AND THE PWD ROAD.

Exhibit P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE KERALA LAND REVENUE COMMISSIONER , DATED 07.07.2023. ExhibitP6 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 07.07.2023 Exhibit P7 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 07.07.2023.

Exhibit P8 TRUE COPY OF THE PLAINT FILED BY THE PETITIONER AS 2ND PLAINTIFF OS NO. 261 /2023 , BEFORE THE MUNSIFF'S COURT, KATTAPPANA Exhibit P9 TRUE COPY OF THE INTERIM INJUNCTION ORDER GRANTED IN IA NO. 1/2023 IN OS NO. 261/2023 OF MUNSIFF'S COURT, KATTAPPANA Exhibit P10 TRUE COPY OF THE COMMUNICATION NO. LR-

8231/2023/LRK5 DATED 27.07.2023 ISSUED FROM WP(C) NO. 37901 OF 2023 4 THE OFFICE OF LAND REVENUE COMMISSIONER Exhibit P11 TRUE COPY OF THE NOTICE NO. L.C.NO. 06/2023 DATED 16.08.2023 ISSUED TO THE PETITIONER Exhibit P12 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DATED 25.08.2023 BEFORE THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE APPLICATION UNDER RTI DATED 25.08.2023 PREFERRED BY THE PETITIONER , BEFORE THE TALUK TAHASILDAR.

Exhibit P14 TRUE COPY OF THE REPLY DATED 16.09.2023 TO EXHIBIT P13.

Exhibit P15 TRUE COPY OF THE COMPLAINT DATED 25.08.2023 FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDAM POLICE STATION Exhibit P16 TRUE COPY OF THE RECEIPT OF THE EXHIBIT P15 PETITION DATED 25.08.2023 FILED BY THE PETITIONER.

Exhibit P17 TRUE COPY OF THE REPORT OF THE INSPECTION DATED 13.06.2023 OF THE 4TH RESPONDENT, OBTAINED UNDER RTI ACT .

Exhibit P18 TRUE COPY OF THE REPORT OF THE INSPECTION SUBMITTED BEFORE THE 6TH RESPONDENT BY THE 4TH RESPONDENT DATED 10.07.2023 OBTAINED BY THE PETITIONER UNDER RTI ACT RESPONDENT EXHIBITS :-

Exhibit R5(a) True copy of the discharge card dated 31-05- 2022 Exhibit R5(b) True copy the discharge summary dated 25-07- 22 from the department of Neurosurgery Exhibit R5(c) True copy of the scanning reports dated 27-

05-2022 WP(C) NO. 37901 OF 2023 5 Exhibit R5(d) True copy of the scanning reports dated 12- 08-2022 Exhibit R5(e) True copy of the above gift deed dated 07-03- 2023 Exhibit R5(f) True copy of the eviction notice dated 28-11- 2023 issued by the 2nd respondent Exhibit R5(g) True copy of the mass representation dated 07-02-2024 Exhibit R5(h) True copy of the notice dated20-02-2024 Exhibit R5(i) True copy of the representation dated 02-03- 2024