Sreejesh K.S vs The District Collector
2021 Latest Caselaw 20498 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                         WP(C) NO. 5354 OF 2021
PETITIONER:

     1       SREEJESH K.S.,
             AGED 32 YEARS
             KAVUPARAMBIL, KILLIMANGALAM P.O, THRISSUR 680 591

     2       DIVAKARAN,
             S/O.NARAYANAN, KUDUKKAKKUNNEL HOUSE, KUTHUPARA,
             MINALUR P.O 680 581

             BY ADVS.
             I.DINESH MENON
             SRI.L.RAJESH NARAYAN



RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             THRISSUR, CIVIL STATION P.O, AYYANTHOLE, THRISSUR
             680 003.

     2       THE TAHSILDAR,
             TALUK OFFICE, THALAPPILLY P.O, WADAKKENCHERY,
             THRISSUR 680 582.

     3       THE VILLAGE OFFICER,
             PERINGANDUR/MINALUR, GROUP VILLAGE, PERINGANDUR,
             THRISSUR 680 581

             BY ADV GOVERNMENT PLEADER

           SRI ASWIN SETHUMADHAVAN - Sr.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.10.2021,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 5354 OF 2021             2

                            JUDGMENT

The petitioners have approached this Court

impugning Ext.P6 proceedings issued by the 3rd

respondent - Village Officer, asking them to evict

from the area where they have been in possession

for the last several years, on the ground that it

is a 'Road Puramboke'. According to the

petitioners, they are entitled to assignment of the

area in question and therefore, that the Village

Officer could not have issued Ext.P6.

2. I am afraid that I cannot find favour with

the afore submissions of Shri.I.Dinesh Menon,

learned counsel for the petitioners, because as is

evident from Ext.P4, petitioners have been already

notified by the Tahsildar that the area in question

is required for the development of the road.

Obviously, therefore, petitioners cannot still

insist that they are entitled for assignment of the

said land.

3. Presumably, discerning the mind of this

Court as afore, Shri.I.Dinesh Menon submitted that

even though Ext.P4 was issued as early as in the

year 2003, no steps have been taken for the

development of the road until now. He, therefore,

prayed that this Court may allow the petitioners to

continue until such time as the competent

Authorities ask them to evict, when a concrete

proposal for development of the road is taken

forward.

4. Shri.Aswin Sethumadhavan, learned Senior

Government Pleader, submitted that though the

development of the road is in the process of being

finalized, petitioners cannot obtain any right to

claim that that they should be allowed to continue

in the area in question. He submitted that the best

that the Authorities can do is to issue them a

notice, as and when the area becomes necessary for

the development of the road and that they will have

to then evict themselves as per law.

5. I find substantial force in the submissions

of the learned Senior Government Pleader as afore;

and consequently accede to the request of

Shri.I.Dinesh Menon to that limited extent.

Resultantly, this writ petition is allowed to

the sole extent of allowing the petitioners to

continue in possession of the area where they are

presently at; however, making it clear that as and

when any notice is issued to them by the competent

Authorities seeking eviction, they shall do so,

subject to their available rights.

It is needless to say that my afore directions

are only as a matter of indulgence and not on

account of any declaration of right in favour of

the petitioners, either to continue in possession

or to seek assignment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/1.10

APPENDIX OF WP(C) 5354/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH OF THE SHOP OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER DATED 5-2-2021 OF THE PROPERTY IN SY.NO. 75/5

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 13-

10-1999

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 14-

07-2003

EXHIBIT P5 FEW PHOTOGRAPHS SHOWING THE LOCATION OF SHOP

EXHIBIT P6 TRUE COPY OF THE STOP MEMO DATED 6-02-

EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER DATED 11-02-2021

RESPONDENT'S EXHIBITS

ANNEXURE R3(A) TRUE COPY OF CIRCULAR DATED 30.09.2009.