Sobhana vs The District Collector, ...
2021 Latest Caselaw 14519 Ker

WP(C) NO. 9944 OF 2021                    1



                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                   THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

             TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943

                                  WP(C) NO. 9944 OF 2021

PETITIONER/S:

               SOBHANA
               AGED 57 YEARS
               W/O.(LATE) VIJAYAN, ANCHILCHIRAYIL HOUSE, PAZHAVEEDU P.O.,
               ALAPPUZHA, PIN - 688 009.

               BY ADVS.
               C.G.BINDU
               SMT.AJITHA C.G.
               KUM.K.J.SARANYA RAJ


RESPONDENT/S:

      1        THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT
               COLLECTORATE, CIVIL STATION P.O., ALAPPUZHA - 688 001.

      2        EXECUTIVE ENGINEER
               P.W.D.ROADS DIVISION, COLLECTORATE, COLLECTORATE P.O.,
               ALAPPUZHA - 688 001.

      3        TAHSILDAR (L.R.), AMBALAPPUZHA TALUK
               TALUK OFFICE, CIVIL STATION P.O., ALAPPUZHA - 688 001.
      4        VILLAGE OFFICER
               MANNAMCHERRY VILLAGE, MANNAMCHERRY P.O., ALAPPUZHA, PIN - 688
               538.
      5        MANNAMCHERRY PANCHAYAT
               REPRESENTED BY ITS SECRETARY, MANNAMCHERRY P.O., ALAPPUZHA, PIN
               - 688 538.
      6        PAVITHRAN
               S/O.AYYANKUNJU, VELIMPARAMBIL, ARYAD NORTH P.O., ALAPPUZHA -
               688 538.
               BY ADV SHRI.V.K.BALACHANDRAN, SC, MANNANCHERRY GRAMA PANCHAYAT


OTHER PRESENT:

               SMT.MABLE.C.KURIAN, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION                  ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9944 OF 2021                 2




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                        W.P.(C.) No.9944 of 2021
                      --------------------------------------
                  Dated this the 13th day of July, 2021


                                 JUDGMENT

This writ petition is filed with the following prayers :

"(i) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass appropriate orders on Exhibit P4 in accordance with law within a time frame fixed by this Hon'ble Court.

(ii) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to demolish the illegal encroachment made by the 6th respondent in Re-survey No.268 n Block No.3 of Mannancherry Village which is standing in front of the property of the petitioner comprised in Survey No.13-5 in Block No.3 of Mannancherry Village.

(iii) To grant such other reliefs as this Hon'ble Court may deem just and proper according to the facts and circumstances of the case."

2. The Government Pleader submitted that the

encroachment is already removed. The petitioner also endorsed

the same.

In the light of the above, this writ petition is closed,

recording the same.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 9944/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT FOR THE PERIOD 2012-2013 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT VILLAGE OFFICER DATED 9/4/2012.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 5/8/2020 IN W.P.(C) NO.15806/2020 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER DATED 19/10/2020 ISSUED BY THE 1ST RESPONDENT DISTRICT COLLECTOR.

EXHIBIT P4 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 19/2/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.