N.V. George vs George Jacob @ Benny
2021 Latest Caselaw 11356 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

  THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA,
                           1943

                   WP(C).No.8598 OF 2021(Y)


PETITIONER:

              N.V. GEORGE
              AGED 68 YEARS
              NEDUMPAMPAKUDA HOUSE, PAMPAKUDA,
              MOOVATTUPUZHA, ERNAKULAM DISTRICT.

              BY ADVS.
              SRI. P.P. JACOB
              SMT. MARIYAM JACOB

RESPONDENTS:

     1        GEORGE JACOB @ BENNY
              KARAYIDATH HOUSE,
              PAMPAKUDA, ERNAKULAM,
              PIN - 686 667.

     2        THE PAMPAKUDA GRAMA PANCHAYATH
              PAMPAKUDA,
              ERNAKULAM,
              PIN - 686 667.

     3        THE ASSISTANT ENGINEER
              PUBLIC WORKS DEPARTMENT,
              OFFICE OF THE ASSISTANT ENGINEER,
              PIRAVOM,
              ERNAKULAM - 686 664.

     4        THE ASSISTANT EXECUTIVE ENGINEER
              PUBLIC WORKS DEPARTMENT,
              OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
              MUVATTUPUZHA,
              ERNAKULAM - 686 661.

     5        THE REVENUE DIVISIONAL OFFICER
              OFFICE OF THE REVENUE DIVISIONAL OFFICER,
              MUVATTUPUZHA,
              ERNAKULAM - 686 661.
 W.P(C).No.8598 OF 2021

                               2

       6      THE DISTRICT COLLECTOR
              OFFICE OF THE DISTRICT COLLECTOR,
              COLLECTORATE, FIRST FLOOR,
              KAKKANADU,
              ERNAKULAM - 682 030.

       7      THE EXECUTIVE ENGINEER
              OFFICE OF THE EXECUTIVE ENGINEER,
              MUVATTUPUZHA,
              ERNAKULAM - 686 661.


              SMT. A.C VIDHYA - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING             COME UP   FOR
ADMISSION ON 08.04.2021, THE COURT ON             THE SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C).No.8598 OF 2021

                                3

                          JUDGMENT

The petitioner, who is the owner of property in Survey

No.845/3 of Onakkur Village has filed this writ petition under

Article 226 of the Constitution of India seeking a writ of

mandamus commanding respondents 2 to 7 to act upon Ext.P6

representation and issue necessary orders ensuring that the

encroachment to the purampoke property situated in Survey

No.845/8 of the Onakkur Village, by the 1st respondent, is

evicted through due process of law invoking the provisions of the

Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioner has also sought for a writ of certiorari to quash

Ext.P7 letter dated 10.03.2021 issued by the Assistant Engineer

to the petitioner; a writ of mandamus commanding respondents

3 to 7 to consider and dispose of Ext.P6 representation, after

conducting necessary enquiry; and also a direction commanding

the 2nd respondent to recall/cancel the building permit issued by

the 2nd respondent as per Ext.P9, as construction has been

effected in purampoke land.

2. On 31.03.2021, when this writ petition came up for

admission, this Court noticed that one of the relief sought for in W.P(C).No.8598 OF 2021

this writ petition is a writ of certiorari to quash Ext.P9 building

permit issued by the 2nd respondent, against which the petitioner

has to approach the statutory authority.

3. On 02.04.2021, the petitioner has filed I.A.No.1 of

2021, seeking an order to amend the writ petition appropriately

in order to make it as one filed challenging Ext.P7.

4. Today, when this writ petition is taken up for

consideration, it is submitted by the learned counsel for the

petitioner that the petitioner has filed a not press memo,

seeking permission to withdraw this writ petition; without

prejudice to the right of the petitioner to resort remedies

through Civil Court or other authorities.

Recording the above submission made by the learned

counsel for the petitioner, this writ petition is dismissed as not

pressed; without prejudice to the aforesaid rights of the

petitioner.

Sd/-

ANIL K. NARENDRAN JUDGE SPR W.P(C).No.8598 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE DOCUMENT NO.659/1982 DATED 06.04.1982 OF THE KOOTHATTUKULAM SUB REGISTRY.

EXHIBIT P2 TRUE PHOTOCOPY OF THE REPORT FILED BY THE ASSISTANT ENGINEER ATTACHED TO THE SECOND RESPONDENT PANCHAYATH DATED 16.10.2020.

EXHIBIT P3 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, MOOVATTUPUZHA DATED 27.11.2020.

EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE REVENUE DIVISION OFFICER, MOOVATTUPUZHA TO THE SECOND RESPONDENT DATED 27.11.2020.

EXHIBIT P5 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR TO THE PANCHAYATH DEPUTY DIRECTOR DATED 03.01.2021.

EXHIBIT P6 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 12.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

EXHIBIT P7 TRUE PHOTOCOPY OF THE LETTER DATED 10.03.2021 ISSUED BY THE ASSISTANT ENGINEER TO THE PETITIONER.

EXHIBIT P8 TRUE PHOTOCOPY OF THE SURVEY SKETCH RELATING IN SY.NO.845/8 OF THE ONAKKUR VILLAGE.

EXHIBIT P9 TRUE PHOTOCOPY OF THE PERMIT ISSUED BY THE SECOND RESPONDENT DATED 23.11.2020 TO THE FIRST RESPONDENT.

RESPONDENT'S/S EXHIBITS:       NIL.