T.R.Sunil vs The Thahisldar
2022 Latest Caselaw 9898 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       WP(C) NO. 26809 OF 2022
PETITIONER:

          T.R.SUNIL,
          AGED 48 YEARS,
          S/O.RAVI T.G.,
          LAKSHMI BHAVAN, BRAHMAMANGALAM P.O.,
          CHEMPU VILLAGE,
          VAIKOM TALUK, KOTTAYAM - 686 605.

          BY ADVS.
          S.MOHAMMED AL RAFI
          THAJUNA MARIA FRANCIS


RESPONDENTS:

    1     THE TAHSILDAR,
          VAIKOM TALUK, KOTTAYAM - 686 141.

    2     THE VILLAGE OFFICER,
          CHEMPU VILLAGE, KOTTAYAM - 686 608.

          SMT.SURYA BINOY, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.26809/2022
                                   :2:




                          JUDGMENT

Dated this the 31st day of August, 2022

The petitioner has approached this Court aggrieved

by Ext.P4 notice of the Village Officer.

2. According to the petitioner, he started construction

of a building after obtaining Building Permit from the

Panchayat authorities. When the petitioner was constructing a

retaining wall, the Village Officer has issued Ext.P4 Stop

Memo alleging that the petitioner is encroaching upon a

paddy land and making unauthorised construction. According

to the petitioner, the allegation is not correct. The retaining

wall is being constructed by the petitioner within his own

property.

3. The Government Pleader, on instructions,

submitted that pursuant to Ext.P5 representation of the

petitioner, an inspection was made along with the Taluk

Surveyor and the Taluk Surveyor did not find any prima facie WP(C) No.26809/2022

encroachment over the paddy land or puramboke land, by the

petitioner. In view of the inspection so conducted, further

orders will be passed on Ext.P4 in due course of time.

In view of the submission made above, the writ

petition is disposed of directing the 1 st respondent-Tahsildhar

to conclude the proceedings, passing appropriate orders

based on the inspection conducted by the Taluk Surveyor,

within a period of three weeks.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.26809/2022

APPENDIX OF WP(C) 26809/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED DATED 25/01/2021 EXECUTED IN FAVOR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 22/04/2021 ISSUED TO THE PETITIONER.

Exhibit P3 TRUE COPY OF BUILDING PERMIT DATED 20/04/2021 ISSUED TO PETITIONER BY CHEMPU GRAMA PANCHAYATH.

Exhibit P4            TRUE COPY OF THE NOTICE DATED ON
                      18/06/2022    ISSUED   BY   THE    2ND
                      RESPONDENT.
Exhibit P5            TRUE COPY OF REPRESENTATION DATED

09/08/2022 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT.

SR