Saju S.Das vs The District Collector
2022 Latest Caselaw 1768 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA,
                                   1943
                       WP(C) NO. 20160 OF 2012
PETITIONER/S:

               SAJU.S.DAS,
               AGED 33 YEARS
               S/O SIVADAS, S.S. DAS NIVAS, DWADESI NAGAR,
               THEVALLY P.O., KOLLAM DISTRICT.
               BY ADVS.
               SRI.C.RAJENDRAN
               SMT.R.S.SREEVIDYA


RESPONDENT/S:

    1          THE DISTRICT COLLECTOR
               KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691 013.
    2          SUB DIVISIONALMAGISTRATE REVENUE DIVISIONAL
               OFFICER
               KOLLAM SUB DIVISION, COLLECTORATE, KOLLAM-
               691013.
    3          DEPUTY TAHASILDAR
               OFFICE OF THE TAHASILDAR, KOLLAM-691001.

OTHER PRESENT:

               SRI.JOBY JOSEPH, GP



        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   16.02.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -2-
W.P.(C). No. 20160 of 2012



                             P.V.KUNHIKRISHNAN, J.
                              =================================================

                             W.P. (C) No. 20160 of 2012
                       =============================================================

                 Dated this the 16th day of February, 2022

                                        JUDGMENT

The above writ petition is filed with following prayers:

"i. To call for the records leading to Ext.P9 and P10 and quash the same by the issuance of a writ in the nature of CERTIORARI or any other writ order or direction.

ii. To issue a writ in the nature of mandamus or any other appropriate writ order or direction compelling and commanding the 2nd respondent to issue conditional order for demolishing the compound wall constructed by the obstructer in such a way so as to cause obstruction in the Corporation Road as per Section 133 Cr.P.C.

iii. To issue a writ in the nature of mandamus or any other appropriate writ order or direction compelling and commanding the 1st respondent to monitor the proceedings of the 2nd respondent under Section 133 Cr.P.C against the obstruction caused by the obstructer on the Corporation Road.

iv. To grant such other reliefs this Hon'ble Court may deem fit and proper in the interest of justice." (sic)

W.P.(C). No. 20160 of 2012

2. The learned counsel, who filed this writ petition

submitted that he relinquished the vakalath. There is no

appearance for the petitioner.

Exts.P9 and P10 impugned orders are passed in the year

2012. This Court has not passed any interim order in this writ

petition. The prayers in the writ petition may probably be

infructuous. Therefore, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 20160 of 2012

APPENDIX OF WP(C) 20160/2012

PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE SURVEY SKETCH SHOWING THE PROPERTY OF THE OBSTRUCTER AND THE CORPORATION ROAD.

Exhibit P2 A TRUE PHOTOCOPY OF THE PETITION DATED 23/01/2012.

Exhibit P3 A TRUE PHOTOCOPY OF THE PETITION BY THE PETITIONER AND OTHER RESIDENTS FILED A PETITION ALONG WITH VAKALATH DATED 29/02/2012.

Exhibit P4 A TRUE PHOTOCOPY OF THE REPORT OF THE VILLAGE OFFICER DATED 08/02/2012. Exhibit P5 A TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO. 4568/2012.

Exhibit P6 A TRUE PHOTOCOPY OF THE REPORT OF THE TALUK SURVEYOR.

Exhibit P7 A TRUE PHOTOCOPY OF THE REPORT OF THE SKETCH OF TALUK SURVEYOR.

Exhibit P8 A TRUE PHOTOCOPY OF THE LETTER BY THE PETITIONER DATED 19/06/2012.

Exhibit P9 A TRUE PHOTOCOPY OF THE REPLY ISSUED TO THE PETITIONER DATED 04/07/2012. Exhibit P10 A TRUE PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT DATED 01/07/2012.