Selvarajan vs The State Of Kerala
2021 Latest Caselaw 22707 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                          WP(C) NO. 19947 OF 2020


PETITIONER:

              SELVARAJAN, AGED 71 YEARS, S/O. P.J. BENSON, M.V.S.
              BHAVAN, MELEPONVILLA, AYIRA P.O, KARODE VILLAGE,
              NEYYATTINKARA TALUK, THIRUVANANTHAPURAM

              BY ADVS.
              SRI.V.G.ARUN
              SMT.V.JAYA RAGI
              SRI.NEERAJ NARAYAN
              SRI.R.HARIKRISHNAN (KAMBISSERIL)


RESPONDENTS:

     1        THE STATE OF KERALA, LOCAL SELF GOVERMENT (RURAL)
              DEPARTMENT, REPRESENTED BY ITS SECRETARY ROOM NO. 404A,
              4TH FLOOR, ANNEX I, SECRETARIAT, THIRUVANANTHAPURAM-
              695001

     2        THE DISTRICT COLLECTOR, 2ND FLOOR CIVIL STATION BUILDING,
              CIVIL STATION ROAD, THIRUVANANTHAPURAM, KERALA-695 043

     3        THE TAHSILDAR (L.R), NEYYATTINKARA TALUK, ALUMMOODU,
              NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

     4        THE ASSISTANT EXECUTIVE ENGINEER, NEYYAR IRRIGATION
              PROJECT, NEYYATTINKARA , THIRUVANANTHAPURAM-695 121

     5        THE VILLAGE OFFICER, KARODE, AYIRA ROAD, UCHAKKADA,
              THIRUVANANTHAPURAM-695 506.

     6        SOMAN, KISHAKEKARA, PONVILA, AYIRA P.O, KARODE,
              NEYYATTINKARA, THIRUVANANTHAPURAM-695 506

     7        SUNIL, KIZHAKEKARA, PONVILA, AYIRA P.O, KARODE,
              NEYYATTINKARA, THIRUVANANTHAPURAM-695 506
 WPC 19947/20
                                         2

      8        SELVARAJAN, KIZHAKEKARA, PONVILA, AYIRA P.O, KARODE,
               NEYYATTINKARA, THIRUVANANTHAPURAM-695 506

      9        BABY, KIZHAKEKARA, PONVILA, AYIRA P.O, KARODE,
               NEYYATTINKARA, THIRUVANANTHAPURAM-695 506

     10        SHINY, KALLAMPOTTA, PONVILA, AYIRA P.O, KARODE,
               NEYYATTINKARA, THIRUVANANTHAPURAM-695 506

     11        MANIYAN KALLAPOTTA , PONVILA, AYIRA P.O, KARODE,
               NEYYATTINKARA, THIRUVANANTHAPURAM-695 506

     12        CHIRISTOFFER, PODUVALVILAVEEDU,PONVILA, AYIRA P.O,
               KARODE, NEYYATTINKARA, THIRUVANANTHAPURAM-695 506

     13        NESIYYAN, PUTHENVILA, PONVILA, AYIRA P.O, KARODE,
               NEYYATTINKARA, THIRUVANANTHAPURAM-695 506


           SR GP SMT AMMINIKKUTTY


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.11.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 19947/20
                                      3

                           JUDGMENT

The petitioner has approached this Court seeking that

directions issued by the 2nd respondent - District Collector to the

3rd respondent - Tahsildar, through Ext.P2, be ordered to be

implemented within a time frame to be fixed by this Court.

2. Smt.K.Amminikutty - learned Senior Government

Pleader, submitted that pursuant to Ext.P2, certain steps have

been taken by the competent Authority; but that further time will

be required to complete the processes therein, because a proper

survey has been done, so as to identify the boundaries of the

canal involved in this case.

3. Even though notices from this Court have been validly

served on respondents 6 to 13, they have chosen not to be

present in person or to be represented through counsel; thus

inferentially guiding me to the impression that they have nothing

to offer in answer to the various allegations made in this Writ WPC 19947/20

Petition.

Taking note of the afore submissions of the learned Senior

Government Pleader, I order this Writ Petition and direct the 3rd

respondent - Tahsildar to act implicitly in terms of Ext.P2 and to

complete proceedings thereon, after affording an opportunity of

being heard to the petitioner, as also to the party respondents

and any other person who may be interested; thus culminating in

an appropriate order/necessary action thereon as expeditiously as

is possible, but not later than six months from the date of receipt

of a copy of this judgment.

Sd/-

RR                                    DEVAN RAMACHANDRAN
                                              JUDGE
 WPC 19947/20


                APPENDIX OF WP(C) 19947/2020

PETITIONER EXHIBITS
EXHIBIT P1          A TRUE COPY OF THE JUDGMENT DATED

13.11.2019 IN W.P.(C) NO. 30538 OF 2019 ON THE FILES OF THIS HON'BLE COURT.

EXHIBIT P2 A TRUE COPY OF THE ORDER BEARING NO.

DCTVM/9200/2019-B16 DATED 11.03.2020.