Kerala High Court
John Chandy vs The District Collector on 11 August, 2021
WP(C) No.16331/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 11th day of August 2021 / 20th Sravana, 1943
WP(C) NO. 16331 OF 2021 (N)
PETITIONERS:
1. JOHN CHANDY, AGED 55, S/O CHANDY JOHN, VATTAKUNNELPULICKAL HOUSE,
EARAYLKADAVU, KOTTAYAM-686001.
2. VARGHESE THOMAS AGED 38, S/O A.C.THOMAS, PUNNAPARAMBIL HOUSE,
THEKKUMGOPURAM, KOTTAYAM-686001.
RESPONDENTS:
1. THE DISTRICT COLLECTOR, KOTTAYAM COLLECTORATE, COLLECTORATE P.O,
PIN-686002.
2. GOVERNMENT OF KERALA, REPRESENTED BY ITS REVENUE SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. TAHSILDAR, KOTTAYAM TALUK, TALUK OFFICE, NEAR UNION CLUB,
KOTTAYAM-686001.
4. TAHSILDAR(LR), TALUK OFFICE, NEAR UNION CLUB, KOTTAYAM-686001.
5. VILLAGE OFFICER, MUTTAMBALAM VILLAGE, COLLECTORATE P.O, OPPOSITE
RUBBER BOARD HEAD OFFICE, PIN-686002.
6. KOTTAYAM MUNICIPALITY, MUNICIPAL BUILDING, KOTTAYAM, PIN-686001,
REPRESENTED BY ITS SECRETARY.
7. UMMEN IYPE, AGED 64 YEARS, S/O A.E.UMMEN, ARAKKANATTIL PUTHEN
VEEDU, PIRALASSERY P.O, CHENGANOOR-689122.
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 4th Respondent to carryout measurement after issuing
at least 7 days advance notice and effectively participating the
Petitioners in such survey process by permitting the Petitioner to engage
a private surveyor and by providing all documents relied upon during the
pendency of the writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S SAJI MATHEW, DENU JOSEPH & NEETHU REGHUKUMAR Advocates for the
petitioners,GOVERNMENT PLEADER for R1 to R5 and of Sri.SIBI CHENAPPADY
STANDING COUNSEL for R6,the court passed the following:
p.t.o
WP(C) No.16331/2021 2/4
Exhibit P3 THE COPY OF JUDGMENT IN WRIT PETITION NO.21490/2019 OF
THIS HON'BLE COURT.
Exhibit P4 THE COPY OF NOTICE DATED 23.07.2021 RECEIVED BY THE 1ST
PETITIONER.
WP(C) No.16331/2021 3/4
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No. 16331 of 2021
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Dated this the 11th day of August, 2021
ORDER
Notice before admission to the respondents. The learned Government
Pleader takes notice for respondents 1 to 5. Sri.Sibi Chenappady, the learned
standing counsel takes notice for the 6th respondent. Issue urgent notice by
speed post to the 7th respondent.
The learned counsel appearing for the petitioners submits that it was in
compliance with the directions issued by this Court in Ext.P3 judgment that
Ext.P4 notice was issued. Though the name of the 2nd petitioner is seen
mentioned, no notice was served on him. It is also contended that the
petitioners were not permitted to participate in the survey proceedings and
the private surveyor engaged by the petitioners was not granted an entry.
This, according to the learned counsel, is in clear violation of the directions
issued by this Court in Ext.P3 judgment.
Having considered the submissions, respondents 1 to 5 are directed not
WP(C) No.16331/2021 4/4
to finalize the proceedings pursuant to Ext.P4 without obtaining orders from
this Court.
Post after two weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
11-08-2021 /True Copy/ Assistant Registrar
