V.M.Kaladharan vs State Of Kerala
2021 Latest Caselaw 16127 Ker

Citation : 2021 Latest Caselaw 16127 Ker
Judgement Date : 3 August, 2021

Kerala High Court

V.M.Kaladharan vs State Of Kerala on 3 August, 2021

WP(C) No.5756/2017                           1/2

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                     THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                            &
                         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
             Tuesday, the 3rd day of August 2021 / 12th Sravana, 1943
                             WP(C) NO. 5756 OF 2017(S)
   PETITIONER:

          V.M.KALADHARAN,POKKALAYIL HOUSE, AVALUKUNNU P.O, ALAPPUZHA.

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM - 695001.
      2. DISTRICT COLLECTOR, COLLECTORATE, ALAPUZHA DIST. PIN - 688001.
      3. ARYAD GRAMA PANCHAYATH, KOMALAPURAM, AVALUKUNNU PO, ALAPUZHA DIST.
         PIN - 688006, REPRESENTED BY ITS SECRETARY.
      4. MANNANCHERRY GRAMA PANCHAYATH, MANNANCHERRY PO, ALAPUZHA DIST. PIN -
         688538, REPRESENTED BY ITS SECRETARY.
      5. TALUK SURVEYOR, AMBALAPUZHA TALUK, ALAPUZHA DIST PIN - 688561.
      6. THAHASILDAR AMBALAPUZHA TALUK, ALAPUZHA DIST. PIN - 688561.
      7. VILLAGE OFFICER, KOMALAPURAM VILLAGE, ALAPUZHA DIST PIN - 688006.
      8. ASSISTANT EXECUTIVE ENGINEER LSGD (PW), ARYAD BLOCK PANCHAYATH,
         KALAVOOR, ALAPUZHA DIST PIN - 688522.
      9. THE SECRETARY TO THE GOVERNMENT, IRRIGATION DEPARTMENT,GOVERNMENT OF
         KERALA IS SUO MOTO IMPLEADED AS ADDITIONAL R9 AS PER ORDER DATED
         5/1/21 IN WPC

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents 2, 5, 6 & 7 to produce before the
   Honourable court the BTR records pertaining to Madayam Thodu and the
   survey sketches of Madayam Thodu revealing its boundaries, pending final
   disposal of the writ petition.

        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and this Courts' judgment dated
   01/02/2021 and upon hearing the arguments of SMT. ROSY GEORGE,
   SRI.PHILIP.N.JOSEPH, SRI.V.M.SYAM KUMAR Advocates for the petitioners,
   ADDITIONAL ADVOCATE GENERAL FOR R1, SRI.BRIJESH MOHAN AND SRI.R.RAJPRADEEP
   FOR R3, SMT.DRISHYA K.PRAKASH AND SRI.V.K.BALACHANDRAN FOR R4, ADVOCATE
   SRI.M.R SABU, SPECIAL GOVERNMENT PLEADER FOR ADDL.R9 the court passed the
   following:




                                                    P.T.O.
 WP(C) No.5756/2017                               2/2




                                      S.Manikumar, C.J.
                                              &
                                       Shaji P.Chaly, J.
                              =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                                  W.P.(C)No.5756 of 2017-S
                              =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                              Dated this the 3rd day of August, 2021

                                             ORDER

S.Manikumar, C.J.

While disposing of the writ petition on 01.02.2021, we issued

directions for removal of encroachments. We further directed the Registry

to post the matter for compliance report, with all supporting documents.

On this day, when the matter came up for hearing, Mr.K.P.Harish,

learned Senior Government Pleader submitted that after survey, notices

have been issued to the alleged encroachers. He prayed for time to file a

report.

Post on 12.8.2021 for filing of the report with all supporting

documents.

Sd/-

S.Manikumar Chief Justice