Vasudevan Nair.N vs District Collector
2021 Latest Caselaw 18097 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                          WP(C) NO. 17821 OF 2021
PETITIONER:

              VASUDEVAN NAIR.N, AGED 64 YEARS
              S/O. NARAYANAN NAIR, THENGUVILA VEEDU,
              MALOOR COLLEGE P.O, PATHANAPURAM,
              KOLLAM DISTRICT, PIN - 689695.

              BY ADVS.
              VINOD RAVINDRANATH
              MEENA.A.
              K.C.KIRAN
              ANISH ANTONY ANATHAZHATH
              THAREEQ ANVER K.
              ASHWIN SATHYANATH


RESPONDENTS:

    1       DISTRICT COLLECTOR, KOLLAM, CIVIL STATION, KOLLAM
            DISTRICT, PIN - 691013.,

    2       TAHSILDAR (LR), TALUK OFFICE, PATHANAPURAM, KOLLAM
            DISTRICT, PIN - 689695

    3       VILLAGE OFFICER, PATTAZHY VADAKKAKARA VILLAGE OFFICE,
            KOLLAM DISTRICT, PIN - 689695.

    4       SECRETARY, PATTAZHY VADAKKEKARA GRAMA PANCHAYAT,
            OFFICE OF THE PATTAZHY VADAKKEKARA GRAMA PANCHAYATH,
            CHELIKUZHY P.O, NEDUMON (VIA), KOLLAM DISTRICT, PIN -
            691556.

    5       VIJAYAN PILLA @ SASIKUMAR, AGED 50 YEARS
            S/O. KRISHNA PILLA, KRISHNAVILASATH PUTHENVEEDU, MALOOR
            COLLEGE P.O, PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695.

    6       KARTHIK KRISHNAN, AGED 20 YEARS, S/O. HARIKRISHNAKUMAR,
            'KALABHAVAN', MALOOR COLLEGE P.O, PATHANAPURAM, KOLLAM
            DISTRICT, PIN - 689695.
 WPC 17821/21
                                         2



    7          AJITHA, AGED 45 YEARS, W/O. SASIKUMAR,
               KRISHNAVILASAM, MALOOR COLLEGE P.O,
               PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695.

               SMT RESHMITHA RAMACHANDRAN- GOVERNMENT PLEADER


        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   03.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 17821/21
                                         3



                             JUDGMENT

The petitioner has approached this Court with

a singular plea that the 2nd respondent-Tahsildar

be directed to take further action as per Ext.P4,

adverting to Ext.P2 survey report.

2. According to the petitioner, a public

pathway has been encroached upon by respondents 5

to 7 and that this has been clearly found in

Ext.P1, leading to the District Collector issuing

directions to the Tahsildar through Ext.P4, to

complete the proceedings against them under the

provisions of the Land Conservation Act. He

alleges that in spite of the fact that Ext.P4 was

issued as early as on 19.05.2020, the 2nd

respondent has not taken any action thereafter.

He, therefore, prays that 2nd respondent be

directed to take appropriate action as per

Ext.P4, within a time frame to be fixed by this

Court.

WPC 17821/21

3. In response, the learned Senior

Government Pleader - Smt.Resmitha Ramachandran,

submitted that the 2nd respondent has already

initiated action as per Ext.P4 and that the same

will be completed, after affording necessary

opportunity of being heard to all sides, without

any avoidable delay. She, therefore, submitted

that this Court may dispose of this Writ

Petition, granting the 2nd respondent sufficient

time for such purpose.

4. When I consider the afore submissions, it

is without doubt that the 2nd respondent is now

obligated to act as per Ext.P4, but since this

Court has not issued notices to respondents 5 to

7, it will not be appropriate for me to make any

affirmative declarations against them; but I am

certain that 2nd respondent must take an

appropriate decision with respect to the matters

covered by Ext.P4, after hearing all parties

without any avoidable delay.

WPC 17821/21

Resultantly, this writ petition is ordered,

directing the 2nd respondent to immediately take

action as per Ext.P4, adverting to Ext.P2 survey

report; but only after hearing the petitioner as

also respondents 5 to 7 appropriately, thus

culminating in an appropriate final order

thereon, as expeditiously as is possible, but not

later than four months from the date of receipt

of a certified copy of this judgment.

I clarify that since this Court has not

issued notices to respondents 5 to 7, action as

afore shall be completed by the 2nd respondent,

only after properly notifying them and assessing

their version.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                JUDGE
 WPC 17821/21


                APPENDIX OF WP(C) 17821/2021

PETITIONER EXHIBITS

Exhibit P1         TRUE COPY OF THE REVENUE LIST DATED
                   26.10.2018 ISSUED BY THE 3RD
                   RESPONDENT.

Exhibit P2         TRUE COPY OF THE REPORT DATED

14.05.2019 PREPARED BY THE SURVEYOR.

Exhibit P2(a) TRUE COPY OF THE PLAN DATED 14.05.2019 PREPARED BY THE SURVEYOR.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 23.10.2019 GIVEN TO THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 19.05.2020 BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.