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Kerala High Court
A.Vinayakamoorthy vs State Of Kerala 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. 15189 OF 2024
PETITIONER(S):
1 A.VINAYAKAMOORTHY
AGED 63 YEARS
S/O.LATE SHRI AYYANAR,
RESIDING AT HOUSE NO.X/871,
SANTHOSHAM BHAVAN, IKKA NAGAR,
MUNNAR.P.O., IDUKKI DISTRICT.,
PIN - 685612
2 KALA.V
AGED 53 YEARS
W/O.A.VINAYAKAMOORTHY,
RESIDING AT HOUSE NO.X/871,
SANTHOSHAM BHAVAN, IKKA NAGAR,
MUNNAR.P.O., IDUKKI DISTRICT.,
PIN - 685612
3 NITHYAKALA.V
AGED 24 YEARS
D/O.A.VINAYAKAMOORTHY,
RESIDING AT HOUSE NO.X/871,
SANTHOSHAM BHAVAN, IKKA NAGAR,
MUNNAR.P.O., IDUKKI DISTRICT.,
PIN - 685612
BY ADVS.
N.KRISHNA PRASAD
P.SHANES METHAR
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR, IDUKKI
COLLECTORATE BUILDINGS,
KUYILIMALA, PAINAV P.O.,
IDUKKI, PIN - 685603
WP(C)No.15189 of 2024
2
3 THE MUNNAR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
MUNNAR, PIN - 685612
4 THE VILLAGE OFFICER
MUNNAR VILLAGE OFFICE,
MUNNAR, PIN - 685612
BY SRI.JAFARKHAN Y, GOVERNMENT PLEADER
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.15189 of 2024
3
JUDGMENT
A.Muhamed Mustaque, J.
The petitioners have approached this Court challenging Ext.P8 prohibitory order issued by the Village Officer, Munnar. It is alleged in Ext.P8 that the petitioners have encroached upon Government land and made construction. If the petitioners had encroached upon Government land and put up any construction, proceedings shall be initiated under the Land Conservancy Act to remove such construction to resume the land in accordance with the provisions, following the procedure thereon. We make it clear no proceedings shall be initiated without issuing notice to the petitioners and passing order under the Land Conservancy Act. Needful shall be done within a period of two months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
S.MANU, JUDGE rkj WP(C)No.15189 of 2024 4 APPENDIX OF WP(C) 15189/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PATTA DATED 30.06.1999 IN RESPECT OF THE PROPERTY COMPRISED IN SURVEY NO.62/9 Exhibit P2 TRUE COPY OF THE POSSESSION AND ATTACHMENT CERTIFICATE DATED 20.06.2000 Exhibit P3 TRUE COPY OF THE LOCATION CERTIFICATE DATED 9.6.2000 IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT-P1 Exhibit P4 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 10.11.2021 Exhibit P5 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 22.05.2023 Exhibit P6 TRUE COPY OF THE RECEIPT DATED 22.05.2023 Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS OF THE EXISTING MILK PARLOUR Exhibit P8 TRUE COPY OF THE ORDER PROHIBITING ANY FURTHER CONSTRUCTION IN THE PROPERTY COVERED BY EXHIBIT-P1 DATED 26.03.2024 Exhibit P9 TRUE COPY OF THE RECEIPT DATED 27.03.2024 EVIDENCING THE RELEASE OF THE TOOLS AND EQUIPMENT USED BY THE PETITIONER Exhibit P10 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE COMPETENT AUTHORITY DATED 27.3.2024 FOR OBTAINING AUTHORITY NAMELY MUNNAR SPECIAL TAHSILDAR, DEVIKULAM FOR OBTAINING RELEASE OF THE TOOLS AND OTHER EQUIPMENT Exhibit P11 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 7.4.2024 BEFORE THE 2ND RESPONDENT