Kerala High Court
C.K.Gopi vs State Of Kerala on 22 July, 2021
WP(C) No.41876/2017 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 22nd day of July 2021 / 31st Ashadha, 1943
WP(C) NO. 41876 OF 2017(S)
PETITIONER:
C.K. GOPI, S/O. KUMARAN, AGED 61 YEARS,
SIVAS HOUSE, KIZHAKKUMBHAGAM KARA,
ETTUMANOOR VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF LOCAL ADMINISTRATION, THIRUVANANTHPAURAM-695 001.
3. THE DISTRICT COLLECTOR, KOTTAYAM-686 001.
4. THE TAHSILDAR, TALUK OFFICE, KOTTAYAM-686 001.
5. THE VILLAGE OFFICER, ETTUMANOOR, KOTTAYAM-686 631.
6. ETTUMANOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ETTUMANOOR
MUNICIPALITY, KOTTAYAM DISTRICT-686 631.
7. THE SECRETARY, ETTUMANOOR MUNICIPALITY, KOTTAYAM DISTRICT-686 631.
8. THE CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVES
ORGANIZATIONS, KENDRIYA BHAVAN, C2, 2ND FLOOR, CSE2 (PO), KAKKANAD,
ERNAKULAM, PIN-682 037.
9. THE SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, KOTTAYAM
DISTRICT-686 631.
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 respondents 6 and 7 to take follow up action pursuant to
Exhibit P6 and P8, pending disposal of the Writ Petition (C) in the
interest of jutice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S M.V.THAMBAN, ARUN BOSE, B.BIPIN, R.REJI & THARA THAMBAN, Advocates for
the petitioner, GOVERNMENT PLEADER for R1 to R5 & R9, ASSISTANT SOLICITOR
GENERAL OF INDIA for R8, the court passed the following:
P.T.O.
WP(C) No.41876/2017 2/4
EXHIBIT P2: TRUE COPY OF THE ROUGH SKETCH PREPARED BY TALUK SURVEYOR
DATED 18/08/2011, ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P5: TRUE COPY OF THE SURVEY PLAN PREPARED BY THE
SURVEYOR DATED 11/07/2011, CERTIFIED BY THE SPECIAL
GRADE SECRETARY, ETTUMANNOOR GRAMA PANCHAYAT,
ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P6: TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE
MINISTER OF REVENUE VIDE LETTER NO.2824/2011/VIP/M
(REVENUE) DATED 27/07/2011, ALONG WITH
ENGLISH TRANSLATION.
EXHIBIT P8: TRUE COPY OF THE JUDGMENT IN WPC NO.32914
DATED 07/03/2014.
WP(C) No.41876/2017 3/4
S. MANIKUMAR, CJ& SHAJI P. CHALY, J
-------------------------------------------------------
W.P.(C) No.41876 of 2017
---------------------------------------------------------
Dated this the 22nd day of July, 2021
ORDER
S. Manikumar, CJ
Despite repeated judgments of this Court in W.P.(C) No.32914 of
2011 dated 7th March, 2014 & O.P.No.30581 of 2000 dated 31 st October,
2000, the encroachments are not removed in Sy.Nos.15/1, 15/2 and 15/3
of Ettumanoor Village and thus the instant public interest writ petition is
filed for the following reliefs:
i)To issue a Writ of mandamus or any other writ or order directing
the respondents to take emergent steps to evict the encroachers in
Survey No. 15/1,15/2 and 15/3 of Ettumannoor Village as shown in
Exhibits P2 and P5 without any further delay.
ii) To issue a Writ of mandamus or any other writ or order directing
the respondents particularly the 9th respondent so as to take
emergent steps to remove the left overs and residues in the
Municipality land lying in Survey No. 15/1,15/2 and 15/3 of
Ettumannoor Village without any further delay.
iii)To issue a Writ of mandamus or any other writ or order directing
the respondent Panchayat to submit a report regarding the steps so
far taken to evict illegal encroachers upon Panchayat property.
WP(C) No.41876/2017 4/4
iv) to issue such other further reliefs as this Honourable Court may
deem fit and proper in the facts and circumstances of this case.
2. Though service is completed on respondents 6 & 7, there is no
representation. Perusal of the judgment passed in W.P.(C) No.32914 dated
7th March, 2011, shows that State of Kerala, District Collector, Kottayam and
Tahsildar are party respondents.
3. State and respondents 6 & 7 are directed to get instructions as to
whether encroachments in the above said survey numbers are removed or
not, and the above respondents are also directed to get instructions as to
the present position in the said area, within two weeks from today.
Post after two weeks.
S. MANIKUMAR,
CHIEF JUSTICE
SHAJI P. CHALY,
JUDGE
smv
22-07-2021 /True Copy/ Assistant Registrar
