Divine Retreat Center vs The State Of Kerala
2021 Latest Caselaw 5110 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                       WP(C).No.5822 OF 2014(C)



PETITIONER:

               DIVINE RETREAT CENTER
               REP.BY ITS ADMINISTRATOR FR.SEBASTIAN,
               AGED 34 YEARS, S/O.ANJUMURIYIL MATHEW,
               PRIEST, MURINGOOR, CHALAKUDY,
               THRISSUR DISTRICT.

               BY ADV. SRI.G.SREEKUMAR (CHELUR)


RESPONDENTS:

      1        THE STATE OF KERALA
               REP. BY THE SECRETARY TO THE GOVERNMENT,
               REVENUE DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE DISTRICT COLLECTOR
               COLLECTORATE, AYYANTHOLE,
               THRISSUR-680001.

      3        THE REVENUE DIVISIONAL OFFICER
               COLLECTORATE, AYYANTHOLE,
               THRISSUR-680001.

      4        THE TAHSILDAR
               MUKUNDAPURAM TALUK OFFICE,
               THRISSUR-680001.

      5        THE VILLAGE OFFICER
               MURINGOOR VADAKUMMURY VILLAGE,
               THRISSUR DISTRICT, 680001.

      6        THE MELOOR GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY,
               MELOOR, CHALAKUDY, PIN 680121.
 WP(C).No.5822 OF 2014(C)

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      7      GIGI
             S/O.PUNNAKUZHIYIL SEBASTINE,
             MELOOR VILLAGE, MUKUNDAPURAM TALUK,
             THRISSUR DISTRICT, 680001.

      8      VISWANATHAN
             S/O.KANNAPPAN, KAMBALATHU HOUSE,
             MURINGOOR, CHALAKUDY,
             THRISSUR DISTRICT, 680121.

      9      THE CIRCLE INSPECTOR OF POLICE
             CHALAKUDY POLICE STATION,
             CHALAKUDY, THRISSUR DISTRICT, 680121.

             R1 BY SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

             SYAMJIRAM GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5822 OF 2014(C)

                                    3



                                JUDGMENT

The writ petition has been filed praying for a

direction to the respondents 2 to 6 to remove the

unauthorised occupation and also the unauthorised

constructions and the structures in the 'puramboke'

land, for which steps had already been initiated as can

be seen from Exts.P4 to P6.

2. When the case is taken up today, learned

Government Pleader submits that the encroachments have

already been removed and nothing survives in this writ

petition.

Writ petition is hence disposed of recording the

above submission made by the learned Government

Pleader. If the petitioner is having any further

grievance, his right to approach this Court is left

open.

Sd/-

T.R.RAVI JUDGE Pn WP(C).No.5822 OF 2014(C)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS NO.795 OF 2013 DATED 15.11.2013 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY.

EXHIBIT P2 A TRUE COPY OF THE ORDER OF INJUNCTION PASSED IN I.A.NO.1891 OF 2013 IN O.S.NO.795/2013 DATED 16.11.2013 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY.

EXHIBIT P3 A TRUE COPY OF THE COMMISSIONER'S REPORT AND PLAN FILED IN EXT.P1 SUIT IN I.A.NO.1973 OF 2013 DATED 29.11.2013.

EXHIBIT P4 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 4.5.2013.

EXHIBIT P5 A TRUE COPY OF THE ORDER PASSED BY THE 6TH RESPONDENT DATED NIL.

EXHIBIT P6 A TRUE COPY OF THE DECISION OF THE 6TH RESPONDENT DATED 2.8.2013.