V.C. George vs The Village Officer

Kerala High Court

V.C. George vs The Village Officer on 23 May, 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 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 26226 OF 2016


PETITIONER:

           V.C. GEORGE
           AGED 48 YEARS, S/O. CHACKO,
           VALLIKKAVUNGAL VEEDU, KANHIANGAD P.O.,
           NILAMBUR AMSOM DESOM, NILAMBUR TALUK,
           REPRESENTED BY THE INDIAN NATIONAL CONGRESS
           MANDALAM COMMITTEE AS UNIT PRESIDENT,
           CHILYAR MANDALAM, MALAPPURAM DISTRICT.
           BY ADVS.
           SRI.KRISHNADAS P. NAIR
           SMT.G.GIGIMOL
           SMT.K.L.SREEKALA
           SMT.B.SABITHA DESOM

RESPONDENTS:

      1      THE VILLAGE OFFICER
             AKAMPADAM VILLAGE, MALAPPURAM DISTRICT.
      2      THE TALUK OFFICER
             NILAMBUR TALUK OFFICE, MALAPPURAM DISTRICT.
      3      THE DISTRICT COLLECTOR
             COLLECTORATE, MALAPPURAM DISTRICT.
             BY ADV GOVERNMENT PLEADER

OTHER PRESENT:

           SRI.B.S.SYAMANTAK, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.26226/2016

                                              2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.26226 of 2016
               ----------------------------------------------
              Dated this the 23rd day of May, 2024


                               JUDGMENT

This writ petition is filed with following prayers:

i. To Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to quash all further proceedings in Exhibit P5 and call for the records leading to the same.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to stop all proceedings in connection with Exhibit P5.

iii. To Pass such other relief as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.

(SIC)

2. The main prayer in this writ petition is against Ext.P5 stop memo. The grievance of the petitioner is that Ext.P5 stop memo is issued without giving adequate opportunity of hearing.

3

3. Heard the learned Government Pleader also.

4. The Government Pleader takes me through paragraphs 5 and 6 of the statement filed on behalf of respondents 1 and 2 and submitted that the encroachment is already removed. Even then the petitioner has got a grievance that the impugned order is issued without giving an opportunity of hearing.

5. After hearing both sides, I think this writ petition can be disposed of treating Ext.P5 as a show-cause notice and the petitioner can be allowed to submit his explanation to the same and there can be a direction to consider the same within a time frame. Till final orders are passed as directed above, further proceedings if any consequent to Ext.P5 can be deferred.

Therefore, this writ petition is disposed of with following directions:

1. Ext.P5 shall be treated as show-cause notice.

2. The petitioner shall submit his explanation to Ext.P5 within one month from the date of receipt of a copy of this WP(C).No.26226/2016 4 judgment.

3. Once the explanation is received, the 1st respondent will consider the same and pass appropriate orders in it, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of the explanation.

4. Further proceedings if any consequent to Ext.P5 shall be deferred till final orders are passed as directed above.

Encroachment removed will be subject to the above decision.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.26226/2016 5 APPENDIX OF WP(C) 26226/2016 PETITIONER EXHIBITS EXT. P1 THE TRUE COPY OF THE SALE DEED IN FAVOUR OF THE PETITIOENR'S. EXT. P2 THE TRUE COPY OF THE TAX RECEIPTS. EXT. P3 THE TRUE COPY OF THE LATEST POSSESSION CERTIFICATE ISSUED BY THE RESPONDENTS ON 1.8.2016.

EXT. P4 THE TRUE COPY OF THE ELECTRICITY BILL. EXT. P5 THE TRUE COPY OF THE STOP MEMO DATED 4.8.2016 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS:

ANNEXURE R2(A): COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, AKAMPADAM TO THE ADDITIONAL TAHASILDAR NO.189/2016 DATED 09.08.2016.