Kerala High Court
P.J.Jose vs The State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 8882 OF 2011
PETITIONER:
P.J.JOSE, AGED 48,
S/O.LATE JOSEPH, PARAMBATHUSSERY,
VAZHAKKALA P.O., ERNAKULAM DISTRICT.
BY ADVS.
SRI.V.V.ASOKAN
SRI.P.P.RAMACHANDRAN
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED
BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001.
2 THE ASSISTANT ENGINEER
PUBLIC WORKS DEPARTMENT, OFFICE OF THE ASSISTANT
ENGINEER, (ROADS DIVISION), PARAVOOR-683 513.
3 ADDL.R3.THE TALUK SURVEOR
PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN: 683513.
(IS IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER ORDER
DATED 8/7/11 IN IA 5337/11)
4 SHAJU KURUPPATH
S/O.GEORGE, CONVENER, KOONAMMAVU JANAKEEYA SAMITHI,
KOONAMMAVU, KURUPPATH HOUSE, KOONAMMAVU (P.O),
PIN -683518, PARAVUR TALUK, KOTTUVALLY VILLAGE,
ERNAKULAM DISTRICT. (IS IMPLEADED AS PER ORDER DATED
4/9/2012 IN IA 11709/12)
BY ADVS.
SMT.RASHMI.K.M, SENIOR GOVERNMENT PLEADER
SRI.M.MOHAMED NAVAZ
SRI.P.SANTHOSH KUMAR TR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8882/2011
2
P.V.KUNHIKRISHNAN, J
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W.P.(C)No.8882 of 2011
--------------------------------------
Dated this the 29th day of October 2021
JUDGMENT
The above writ petition is filed with following
prayers:
"i) call for the records leading to
Ext.P3 and issue a writ of certiorari quashing
the same.
ii) declare that Ext.P3 notice is issued
in violation of the principles of natural justice
and hence illegal and unsustainable.
iii) declare that the petitioner is
entitled to put up temporary fencing in his
property till a final survey is conducted by the
Survey Authorities.
iv) stay the operation and all further
proceedings to Ext.P3 notice issued by the 2nd
respondent.
v) such other writ, order or direction as
deemed fit and proper by this Hon'ble Court, in
the facts and circumstances of the case."
2. Today when the matter came up for
consideration, the learned Government Pleader
submitted that the dispute in this case is already
resolved and the petitioner himself approached the
WP(C) NO.8882/2011
authorities and submitted that the encroachment is
already removed from his property, that is 3.212
cents in Survey No.359/8. In such circumstances,
according to me, nothing survives in this writ
petition.
Recording the above submission, this Writ
petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO.8882/2011
APPENDIX OF WP(C) 8882/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED NO.2627/2005
DATED 30/03/2005 OF PARAVOOR SRO.
EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT DATED
19/06/2009.
EXHIBIT P3 TRUE COPY OF NOTICE NO. SG/2010 DATED
05/03/2011 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF NOTICE NO. S2 100/2009-2010
DATED 02/04/2011 ISSUED BY THE 2ND
RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE LETTER DATED 07/05/2011
ISSUED BY THE PETITIONER.
EXHIBIT R3(B) TRUE COPY OF THE COMPLAINED DATED
13/04/2012 SUBMITTED BEFORE DISTRICT
COLLECTOR, ERNAKULAM.
EXHIBIT R3(C) TRUE COPY OF THE REPLY DATED 12/04/2012
OF THE DISTRICT SURVEY SUPERINTENDENT.
EXHIBIT R3(D) TRUE COPY OF THE COMPLAINT DATED
06/09/2012 SUBMITTED BEFORE DISTRICT
COLLECTOR, ERNAKULAM.
EXHIBIT R3(E) TRUE COPY OF THE PETITION DATED
20/06/2012 SUBMITTED BEFORE RDO,
FORTKOCHI.
EXHIBIT R3(F) TRUE COPY OF THE REPORT DATED 18/04/2012
OF THE ADDITIONAL TAHSILDAR.
EXHIBIT R3(G) TRUE COPY OF THE REPLY BY THE VILLAGE
OFFICER, KOTTUVALLY.
WP(C) NO.8882/2011
EXHIBIT R3(H) TRUE COPY OF THE SETTLEMENT REGISTER
ALONG WITH THE SKETCH.
//TRUE COPY//
PA TO JUDGE
