R.Suresh Kumar vs Health Inspector
2021 Latest Caselaw 15976 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                             WP(C) NO. 13773 OF 2021
PETITIONER:

              R.SURESH KUMAR,
              AGED 46 YEARS
              S/O. RAJAPPAN NAIR, RESIDING AT KOORACHAL KAITHARAKONATHU
              VEEDU, K.K. ROAD, ARAMADA VILLAGE, ARAMADA POST OFFICE,
              THIRUMALA, THIRUVANANTHAPURAM-695032.

              BY ADV THIRUMALA P.K.MANI



RESPONDENTS:

     1        HEALTH INSPECTOR,
              HEALTH INSPECTOR OFFICE, CORPORATION OF THIRUVANANTHAPURAM,
              THIRUMALA CIRCLE, TV NAGAR LN., TV NAGAR, THIRUMALA,
              THIRUVANANTHAPURAM, KERALA-695006.

     2        THIRUVANANTHAPURAM MUNICIPAL CORPORATION,
              REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM MUNICIPAL
              CORPORATION OFFICE, PALAYAM, VIKAS BHAVAN P.O.,
              THIRUVANANTHAPURAM, KERALA-695033.

     3        ASSISTANT ENGINEER,
              OFFICE OF THE ASSISTANT ENGINEER, CITY ROAD SECTION-II,
              VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

              BY ADVS.
              N.NANDAKUMARA MENON (SR.)
              SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION
              BY GOVT. PLEADER SRI.P.S.APPU




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
               W. P. (C) No.13773 of 2021
          ==================
          Dated this the 2nd day of August, 2021

                        JUDGMENT

Alleging encroachment and illegal construction

of a shed/bunk in the property acquired from the petitioner as per the proceedings in LAC 69/12, the

third respondent Assistant Engineer and the second

respondent Corporation issued Exts.P5 and P6

communications respectively to the petitioner,

directing removal of the same. It is challenging

Exts.P5 and P6 that the petitioner has approached

this Court.

2. According to the petitioner, an extent of

1.5 cents (61 Sq. M.) of land, with a building

bearing TC No.18/967 (New TC 48/130), situated in

Sy. No.1179/5-1-1 RS 134 Block No.071 in Thirumala

village belong to him as per Ext.P1 Will Deed

No.85/2013 executed by his father. From out of the

said extent, 54 Sq. M. with a portion of the

building was acquired as per LAC 69/2012 for

widening the Thirumala - Thrikkannapuram road. W. P. (C) No.13773 of 2021

According to the petitioner, he retains title,

possession and enjoyment of the remaining 7 Sq.M.

of the property with a portion of the building

bearing No.TC 18/967 (New T.C. 48/130). The

petitioner maintains that there has been no

encroachment or construction as alleged in Exts.P5

and P6, and that the property and the shed referred

to in Exts.P5 and P6 are the remaining extent of

property with the portion of the building left with

him after the acquisition.

3. The fact that there has been acquisition

under LAC 69/2012 regarding the property of the

petitioner, whether it be in its entirety or a part

thereof, is not in dispute. In order to ascertain

whether there has been an encroachment as alleged

by respondents, it would suffice if measurements

are done regarding the petitioner's property with

reference to the land acquisition sketch and the

relevant records.

4. Accordingly the writ petition is disposed of

directing respondents 2 and 3 to cause measurement

of the petitioner's property with reference to the W. P. (C) No.13773 of 2021

land acquisition sketch and records in LAC 69/2012

and identify whether there has been any

encroachment by the petitioner. The measurement

shall be conducted with notice to the petitioner.

If on such measurement it is found that there has

been encroachment and putting up of illegal

structure, it shall be open for the respondents to

take appropriate steps for eviction in accordance

with law. Let the proceedings be completed as

expeditiously as possible and at any rate within a

period of two months from the date of receipt of a

copy of this judgment. Till then status quo

regarding the property shall be maintained by both

sides.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 13773/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE WILL NO.85/2013 DATED 11/03/2013 EXECUTED IN FAVOUR OF THE PETITIONER BY HIS FATHER.

Exhibit P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 04/07/2019 FOR THE PERIOD 2019-2020 REMITTED BY THE PETITIONER.

Exhibit P2(A) TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 09/08/2019 FOR THE PERIOD 2020-2021 REMITTED BY THE PETITIONER.

Exhibit P2(B) TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 26/06/2021 FOR THE PERIOD 2021-2022 REMITTED BY THE PETITIONER.

Exhibit P3 TRUE PHOTOCOPY OF THE BUILDING TAX RECEIPT DATED 02/05/2013 REMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE PERIOD 2013-2014.

Exhibit P4 TRUE PHOTOCOPY OF THE PROPERTY TAX RECEIPT REMITTED BEFORE THE 2ND RESPONDENT DATED 17/03/2021.

Exhibit P5 A TRUE COPY OF THE NOTICE NO. CRS II?

D1/GENERAL/2019 DATED 04/05/2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 NOTICE DATED 18/06/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 A TRUE PHOTOCOPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONER TO THE EXHIBIT P5 NOTICE.

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