Dr. M.A. Gopalan vs The District Collector
2021 Latest Caselaw 21647 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 23817 OF 2021
PETITIONER:

          DR. M.A. GOPALAN
          AGED 76 YEARS
          S/O. LATE ACHUTHAN, SREE RAMA VILASAM, OLD RAILWYA
          STATION ROAD, ERNAKULAM, KOCHI 682 018.

          BY ADVS.
          A.BALAGOPALAN
          NAMITHA SOBHANA
          P.SEENA
          M.S.IMTHIYAZ AHAMMED
          M.N.MANMADAN
          A.RAJAGOPALAN
          ASHER REVI JOB



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL LINES, ROAD, KAKKANAD,
          ERNAKULAM 682 030.

    2     THE TAHASILDAR,
          KANAYANNUR TALUK, OFFICE OF THE TAHASILDAR, KANAYANNUR
          TALUK OFFICE, PARK AVENUE ROAD, ERNAKULAM 682 011.

    3     DY. DIRECTOR OF SURVEY AND LAND RECORDS,
          OFFICE OF THE DY. DIRECTOR CIVIL LINES ROAD,
          EACHAMUKKU, CHEMBUMUKKU, ERNAKULAM, KOCHI 682 021.

    4     VILLAGE OFFICER,
          NADAMA VILLAGE, OFFICE OF NADAMA VILLAGE,
          TRIPPUNITHURA, ERNAKULAM 682 031.

    5     THRIPUNNITHURA MUNICIPALITY,
          MUNICIPAL CORPORATION OFFICE, TRIPPUNITHURA,
          ERNKAULAM, 682 301.
 WP(C) NO. 23817 OF 2021

                                2

            APPU.P.S-GP

            K.S.ARUN KUMAR




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23817 OF 2021

                                           3




                                     JUDGMENT

This writ petition is filed seeking the following reliefs:

"a) call for the records leading to Exhibit P5 order, scrutinize and quash the same by the issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction.

b) issue a writ in the nature of mandamus, any other appropriate writ or direction, directing respondents 1 to 4 to conduct measurement of the properties after giving notice to the petitioner and also afford the petitioner an opportunity of being heard before initiating any proceeding under the Kerala Land Conservancy Act, 1957 against the petitioner."

2. Heard the learned counsel for the petitioner, the learned Government

Pleader as well as the learned Standing Counsel appearing for the 5 th

respondent.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner in possession of 42.48 Ares of property in Block No.325

of Re-Survey No.31/2 of Nadama Village in Kanayannur Taluk, Ernakulam

District. The petitioner produces Exts.P1 to P3 sale deeds as his title documents.

It is submitted that the petitioner had been peacefully enjoying the property

and 5.5 cents on the south- eastern portion of the property had been leased out

for a mobile tower as well. It is submitted that on 16.09.2021, the petitioner has WP(C) NO. 23817 OF 2021

been served with Ext.P5 notice stating that he had encroached into the

puzha/puzha puramboke and that action is liable to be taken against him for

eviction of the said encroachment. The petitioner has submitted Ext.P6 detailed

reply and seeks a consideration thereof.

Having heard the learned Government Pleader as well as the learned

counsel appearing for the 5th respondent, I am of the opinion that since Ext.P5 is

evidently not preceded by any show cause notice, the reply submitted by the

petitioner to Ext.P5 as Ext.P6 is liable to be considered and the factual aspects

raised by him are liable to be looked into before any further action is taken on

the basis of Ext.P5. There will, accordingly, be a direction to the 5 th respondent

to take up Ext.P6 reply submitted by the petitioner to Ext.P5, conduct due

inspections and consider the objections with notice to the petitioner and after

hearing him through any appropriate means, including video conferencing,

within a period of one month from the date of receipt of a copy of this

judgment. Further proceedings pursuant to Ext.P5 shall proceed only after the

petitioner is heard and appropriate proceedings are issued by the 5 th

respondent.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 23817 OF 2021

APPENDIX OF WP(C) 23817/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE DEED BEARING NOS 1676/1982 OF THE S.R.O. ERNAKULAM.

Exhibit P2 THE TRUE COPY OF THE SALE DEED BEARING NOS 1764/1982 OF THE S.R.O. ERNAKULAM.

Exhibit P3 TRUE COPY OF SALE DEED BEARING NO. 1197/1987 OF THE S.R.O. THRIPPUNITHURA.

Exhibit P4 TRUE COPY OF THE BASIC TAX PAID RECEIPT ISSUED FROM THE NADAMA VILLAGE OFFICE.

Exhibit P5 TRUE COPY OF THE ORDER STYLED AS NOTICE BEARING NO. PW5-6923/20 DATED 16/09/2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPLY DATED 24/09/2021 ISSUED BY THE PETITIONER TO EXHIBIT P5.