V.Surendran vs The District Collector

Kerala High Court

V.Surendran vs The District Collector on 21 May, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                         WP(C) NO. 1994 OF 2014
PETITIONER:

            V.SURENDRAN
            VILANGIL HOUSE, P.O PALLAYAD NADA, VIA IRINGAL,
            KOZHIKODE DISTRICT, PIN 673 521.

            BY ADVS.
            SRI.C.VATHSALAN
            SRI.K.RAKESH ROSHAN
            SMT.THUSHARA.V


RESPONDENT/S:

    1       THE DISTRICT COLLECTOR
            KOZHIKODE CIVIL STATION, CALICUT 673 001.

    2       THE TAHSILDAR
            VATAKARA TALUK, MINI CIVIL STATION, P.O VATAKARA,
            KOZHIKODE DISTRICT, PIN 673 101.

    3       THE VILLAGE OFFICER
            PALAYAD VILLAGE, P.O PALAYAD,
            VIA VATAKARA, PIN 673 521.

    4       KANIYARATH ABDULLA
            RESIDING AT NELLIULLA PARAMBATH P.O,
            PALLAYAD NADA, VIA VATAKARA, KOZHIKODE DISTRICT.

    5       RAHIYANATH
            W/O.SHANAVAS, NELLIULLA PARAMBATH P.O, PALLAYAD NADA,
            VIA VATAKARA, KOZHIKODE DISTRICT.

            BY ADVS.
            SRI. VENUGOPAL V., GOVERNMENT PLEADER
            SRI.MOHANAN V.T.K.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.1994/2014                   -2-

                               JUDGMENT

This writ petition is filed alleging that a pond situated in the property of the Vilangil Tharavadu is being illegally converted by depositing construction waste and other materials.

2. From the counter affidavit filed by the 2 nd respondent it is clear that the pond is situated on a private property and there are pending civil disputes also regarding the said property. In the light of the averments contained in the counter affidavit filed by the 2 nd respondent, I am of the view that the issues raised in this writ petition cannot be adjudicated under Article 226 of the Constitution of India.

Writ petition is closed. Contentions raised are left open.

Sd/-

GOPINATH P. JUDGE AMG W.P (C) No.1994/2014 -3- APPENDIX OF WP(C) 1994/2014 PETITIONER EXHIBITS EXHIBIT P1. COPY OF THE PETITION DATED 8.3.12 ALONG WITH THE ORDER TO THE 2ND RESPONDENT DATED 8.2.13.

EXHIBIT P2. COPY OF THE COMPLAINT PETITION ON 14.1.13. EXHIBIT P2(A). COPY OF THE COMPLAINT ON 29.10.12. EXHIBIT P2(B).COPY OF THE COMPLAINT ON 15.11.12. EXHIBIT P3. COPY OF THE REPRESENTATION DATED 13.1.14 FILED BY THE PETITIONER BEFORE IST RESPONDENT.

EXHIBIT P4. COPY OF THE PHOTOGRAPH OF THE POND. EXHIBIT P4(A). COPY OF THE PHOTOGRAPH OF THE POND. EXHIBIT P4(B). COPY OF THE 23 PHOTOGRAPH OF THE POND.