D.Karunakaran Nair vs State Of Kerala
2021 Latest Caselaw 20245 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                   WP(C) NO. 13959 OF 2021
PETITIONERS:

    1     D.KARUNAKARAN NAIR
          AGED 65 YEARS
          SREE VISHAKHOM, T.C. 48/936/2, ATRA-D20, THOTTAM,
          AMBALATHARA, POONTHURA P.O, THIRUVANANTHAPURAM -
          695026.

    2     ANILKUMAR G.T
          AGED 49 YEARS
          T.C. 48/938, ATRA - D20, THOTTAM, AMBALATHARA,
          POONTHURA P.O, THIRUVANANTHAPURAM - 695026.

         BY ADVS.
         V.G.ARUN (K/795/2004)
         V.JAYA RAGI
         R.HARIKRISHNAN (KAMBISSERIL)
         NEERAJ NARAYAN



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY PRINCIPAL SECRETARY REVENUE,
         DEPARTMENT OF REVENUE, ROOM NO. 201A FIRST FLOOR -
         MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM -
         695001.

    2    DISTRICT COLLECTOR
         THIRUVANANTHAPURAM, SECOND FLOOR -COLLECTORATE,
         KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043.

    3    REVENUE DIVISIONAL OFFICER
         THIRUVANANTHAPURAM, FIRST FLOOR - COLLECTORATE,
         KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043.

    4    VILLAGE OFFICER
         MANACAUD VILLAGE, THIRUVANANTHAPURAM - 695003.

    5    ASSISTANT COMMISSIONER OF POLICE,
         FORT POLICE STATION, THIRUVANANTHAPURAM - 695023.
 WP(C) NO. 13959 OF 2021            2

   6        NISAMUDEEN
            T.C. 67/920, CHAVADIVILAKATHU VEEDU, OPPO.MILMA
            DIARY, AMBALATHARA, POONTHURA P.O,
            THIRUVANANTHAPURAM - 695026.

            BY ADVS.
            G.SUDHEER
            R.HARIKRISHNAN (H-308)




              SMT. K AMMININKUTTY - SR GP




       THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   30.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 13959 OF 2021           3

                           JUDGMENT

The allegation of the petitioners is that the

6th respondent is trespassing into Government

Land.

2. When this matter was considered on

19.07.2021, the following order had been issued

by a learned Judge of this Court:

Sri.Arun, the learned counsel appearing for the petitioners submitted that the 6th respondent, who is having registered land adjoining the Government land in Manacaud Village, has trespassed into the Government land and is putting up constructions. According to the learned counsel, this fact was brought to the notice of the concerned authorities as is evident from Exhibits P8 and P9. Referring to Section 7 of the Kerala Land Conservancy Act, the learned counsel submits that as and when the information is received as to the encroachment of the Government land, the concerned authority is expected to take effective and necessary action, failing which penal action is contemplated.

Prima facie, I find that there is considerable merit in the submissions advanced. There will be a direction to the 2nd respondent to expeditiously take up Exhibit-P4, conduct due enquiry and ascertain as to whether the 6th respondent has trespassed into Government land and has been putting up constructions. Needless to mention, if the allegations are found to be correct, appropriate action shall be initiated by invoking the provisions of the Kerala Land Conservancy Act and the Rules framed thereunder. The entire exercise shall be completed within a period of three weeks.

3. Today, when this matter was called,

Smt.K.Amminikutty - learned Senior Government

Pleader, submitted that in terms of the afore

directions, survey of the property has already

begun and that the competent Authority will

complete it, resulting in appropriate orders and

necessary action thereon without any further

delay.

4. Shri.G.Sudheer, learned counsel appearing

for the 6th respondent, however, submitted that

his client is holding properties in Survey

No.8/63 of Block J, of Manacaud Village, by

virtue of Ext.R6(a) document and that he has been

paying land tax with respect to the same, as is

evident from Ext.R6(b); while the Thandaper

Register and the Basic Tax Register would

demonstrate this unequivocally. He then added

that if this Court is only directing survey of

the property, adverting to his client's title

deeds also, then he would not stand in the way of

such process being completed.

5. Taking note of the afore submissions and

since the learned Senior Government Pleader

affirms that survey with respect to the property

has already been initiated, I am of the view that

this writ petition deserves to be allowed.

Resultantly, I allow this writ petition and

direct the competent Authority to ensure that the

process of survey with respect to the property is

completed, adverting to the title documents and

other ownership and possession documents

maintained by the 6th respondent; thus culminating

in an appropriate order and necessary action,

within a period of four months from the date of

receipt of a copy of this judgment.

Needless to say, once the survey is completed

and if it is found that any person, including the

6th respondent, is in possession of Government

land, then necessary action against them under

the applicable Statutes and Regulations will be

taken forward and completed by the competent

Authorities without any avoidable delay but not

later than six months thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/30.9

APPENDIX OF WP(C) 13959/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE BTR PERTAINING TO THE PROPERTY COMPRISED IN RE.SY.NO. 8/84 OF BLOCK NO. C43W15J01 OF MANACAUD VILLAGE.

Exhibit P2 THE TRUE COPY OF THE RE.SURVEY PLAN PERTAINING TO THE PROPERTY COMPRISED IN RE.SY.NO. 8/84 OF BLOCK NO. C43W15J01 OF MANACAUD VILLAGE.

Exhibit P3 THE TRUE COLOUR PHOTOGRAPHS OF THE BUILDING BEING CONSTRUCTED BY THE 6TH RESPONDENT IN THE AFORESAID GOVERNMENT LAND.

Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM ON 01.07.2021.

Exhibit P5 THE E-RECEIPT EVIDENCING ISSUANCE OF EXT.P4 MADE TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM THOUGH EMAIL.

Exhibit P6 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM ON 01.07.2021 THROUGH EMAIL.

Exhibit P7 THE E-RECEIPT EVIDENCING ISSUANCE OF EXT.P6 MADE TO THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.

Exhibit P8 THE TRUE COPY OF THE COMPLAINT DATED 02.07.2021 FILED BY THE PETITIONERS BEFORE THE ASSISTANT COMMISSIONER OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM.

Exhibit P9 THE TRUE COPY OF THE PETITION ACKNOWLEDGEMENT RECEIPT 02.07.2021 ISSUED BY THE OFFICE OF THE ASSISTANT

COMMISSIONER, FORT, ATTAKULANGARA.

REPONDENTS EXHIBITS

EXHIBIT R6(A) TRUE COPY OF THE WILL NO.19/2011 EXECUTED BY THE 6TH RESPONDENT'S MOTHER DATED 29.7.2011.

EXHIBIT R6(B) TRUE COPY OF THE TAX RECEIPT DATED 18.6.2021 ISSUED FROM THE VILLAGE OFFICR, MANACAUD

EXHIBIT R6(C) TRUE COPY OF THE RELEVANT PAGES OF THANDAPPER REGISTER OF MANACAUD VILLAGE OFFICE.

EXHIBIT R6(D) TRUE COPY OF THE RELEVANT PAGES OF BASIC TAX REGISTER OF MANACAUD VILLAGE OFFICE

EXHIBIT R6(E) TRUE COPY OF THW WRITTEN APPLICATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE TAHSILDAR, THIRUVANANTHAPURAM DATED 18.6.2020.

EXHIBIT R6(F) TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER WITH NO.430/2020 DATED 18.6.2020.

EXHIBIT R6(G) TRUE COPY OF THE REPORT NO.H5/16170/20 DATED 11.12.2020 ISSUED BY THE TALUK SURVEYOR

EXHIBIT R6(H) TRUE COPY OF LETTER NO.H5/16170/2020 DATED 22.12.2020 FORWARDING THE SKETCH PREPARED BY TALUK SURVEYOR TO THE 6TH RESPONDENT.

EXHIBIT R6(I) TRUE COPY OF THE BUILDING PERMIT WITH NO.F83/BA/219/19 DATED 30.3.2021 TO THE 6TH RESPONDENT.