T.V.Karunakaran vs The District Collector, ...
2021 Latest Caselaw 17193 Ker

WP(C) No.16944/2021                         1/3

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
             Friday, the 13th day of August 2021 / 22nd Sravana, 1943
                              WP(C) NO. 16944 OF 2021
   PETITIONER:

          T.V.KARUNAKARAN, AGED 76 YEARS S/O. VELU, C.M.C NO.27,
          KARUNALAYATHIL, CHERTHALA THEKKUM MURI, CHERTHALA TALUK, ALAPPUZHA
          DISTRICT - 688524.

   RESPONDENT:

      1. THE DISTRICT COLLECTOR, ALAPPUZHA COLLECTORATE OFFICE, ALAPPUZHA -
         688001.
      2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ALAPPUZHA
         DISTRICT - 688013.
      3. THE TAHSILDAR (LAND RECORDS) ,TALUK OFFICE, CHERTHALA, ALAPPUZHA
         DISTRICT - 688524.
      4. THE VILLAGE OFFICER ,CHERTHALA SOUTH VILLAGE, CHERTHALA SOUTH P.O,
         CHERTHALA, ALAPPUZHA - 688539.

        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 stay all further proceeding pursuant to the Ext-P9
   notice,pending   final disposal 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
   J.OMPRAKASH, T.G.SUNIL (PRANAVAM), T.S.BHARATH KRISHNA, C.X.ANTONY
   BENEDICT, ADHEEP VIJAY, EMMANUAL SANJU Advocates for the petitioners ,and
   of GOVERNMENT PLEADER for the respondents,the court passed the following:
 WP(C) No.16944/2021                 2/3

                       APPENDIX OF WP(C) 16944/2021
ExhibitP9             A true copy of the notice issued under Rule 11 by the
                      3rd respondent dated 30.07.2021
 WP(C) No.16944/2021                           3/3




                             RAJA VIJAYARAGHAVAN V, J.
                            -------------------------------------
                             W.P.(C) No.16944 of 2021
                           --------------------------------------
                        Dated this the 13th day of August, 2021

                                        ORDER

Notice before admissions to the respondents. The learned Government

Pleader takes notice for the respondents and seeks time to get instructions.

The learned counsel appearing for petitioner would rely on the judgment

of this Court in Holy Cross Church V. Tahsildar North Parur [ 1973 KLT 663]

and it is argued that no action for eviction can be taken against an encroacher

under the Act unless the final order accompanied by notice in Form C is served

on him as required by Rule 11. It is submitted that the provisions of the Act has

been grossly violated.

Having considered the submissions advanced, there will be an interim

order as prayed for, for a period of three weeks.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NS

13-08-2021 /True Copy/ Assistant Registrar