P.V.Baby vs District Collector
2022 Latest Caselaw 8120 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
   FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                  WP(C) NO. 7392 OF 2015
PETITIONERS:

    1    P.V.BABU
         AGED 55 YEARS
         S/O.VASU,
         PANACHICKAL HOUSE, KIDANGOOR P.O.,
         ANGAMALI, ERNAKULAM - 683 572,
         PRESIDENT OF THE BENEFICIARY COMMITTEE OF
         VALIYAPARAMBU FARMERS WELFARE SOCIETY

    2    K.M.JOHN
         S/O.KOORAN KALLOORKARAN MATHAI,
         KOORAN KALLOORKARAN HOUSE, KIDANGOOR P.O.,
         ANKAMALY, ERNAKULAM - 683 572,
         SECRETARY OF BENEFICIARY COMMITTEE,
         VALIYAPARAMBU FARMERS WELFARE SOCIETY

         BY ADVS.SRI.JOHN JOSEPH(ROY)
                 SRI.TITUS JOSEPH
RESPONDENTS:

    1    DISTRICT COLLECTOR
         CIVIL STATION,
         KAKKANAD, ERNAKULAM - 682 023.

    2    THE SUPERINTENDENT OF POLICE (RURAL)
         OFFICE OF THE SUPERINTENDENT OF POLICE,
         ALUVA, ERNAKULAM DISTRICT,
         PIN: 683 101.

    3    THE SECRETARY
         THURAVOOR GRAMA PANCHAYATH,
         KIDANGOOR P.O.,
         ANKAMALY, ERNAKULAM DISTRICT,
         PIN: 683 572.

    4    THE ASST. EXECUTIVE ENGINEER
         L.S.G.D.SUB DIVISION,
 W.P.(C.) No. 7392/2015
                                    2


              ANKAMALY P.O.,
              ANKAMALY, PIN: 683 572.

      5       RAVI K.R.,
              S/O.RAGHAVAN KIDANGOORRAN HOUSE
              AGED 48 YEARS
              KIDANGOOR P.O.,
              ANKAMALY, ERNAKULAM DISTRICT,
              PIN: 683 572.

      6       KUTTAN K.K.
              AGED 70 YEARS
              S/O.KRISHNAN,
              KIDANGOORRAN HOUSE,
              KIDANGOOR P.O.,
              ANKAMALY, ERNAKULAM DISTRICT PIN: 683 572.

      7       AJI K.T.
              AGED 32 YEARS
              S/O.THANKAPPAN,
              KIDANGOORAN HOUSE,
              KIDANGOOR P.O.,
              ANKAMALY,
              ERNAKULAM DISTRICT,
              PIN: 683 572.

              R1 & R2 BY SRI.K. P. HARISH, SENIOR GOVERNMENT
              PLEADER
              R3 BY ADVS.SRI.ANOOP.V.NAIR
                         SRI.M.R.JAYAPRASAD
                         SRI.P.MOHANDAS (ERNAKULAM)
                         SRI.N.MANU THAMPI
                         DR.K.P.SATHEESAN SR.
                         SRI.K.V.SOHAN
                         SMT.SREEJA SOHAN.K.
                         SRI.S.VIBHEESHANAN




          THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 7392/2015
                                   3


                              JUDGMENT

This writ petition is filed by the petitioners seeking

the following reliefs:-

"i. To issue a writ of mandamus or any other appropriate writ, order of direction, directing respondents 1 to 4 to restore the Valiyaparambu Irrigation Scheme pipes and to start the pumping of water to ward No. 12 & 10 of Thuravoor Grama Panchayath forthwith by removing the encroachment made by respondents 5 to 7 and their men, into Panchayath Road.

ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st and 2nd respondents to ensure that the pipe line of Valiayaparambu Irrigation scheme is restored in its original position by removing the encroachment made by the Respondents 5 to 7 and their men, forthwith.

iii) To issue an interim direction directing the Respondents 1 to 4 to restore the irrigation pipes destroyed by Respondents 5 to 7 forthwith to avoid the damages to the cultivation of ward No. 12 & 10 of Thuravoor Grama Panchayath.

iv) issue a writ of mandamus or any other appropriate writ to take emergent action on Exhibit P-3 FIR and Exhibit P-7.P-7 (a) P-10 and P-12 representation without further delay."

2. Various contentions are raised in respect of

the obstructions caused for implemention of a

pipeline project on the basis of encroachment made

by the party respondents.

W.P.(C.) No. 7392/2015

3. However, when the matter is taken up

today, the learned counsel for the petitioners

submitted that already the obstructions are

removed and the pipeline project is completed and

therefore, nothing survives to be adjudicated. The

submission made by the learned counsel for the

petitioners is endorsed by the learned counsel for

the Grama Panchayat.

After having heard the learned counsel for the

petitioners, Sri. John Joseph, the learned Senior

Government Pleader, Sri. K.P. Harish and the

learned counsel for the third respondent - Grama

Panchayat, Sri. P. Mohandas, this writ petition is

disposed of recording the above submission.

Sd/-

SHAJI P. CHALY JUDGE

DCS/01.07.2022 W.P.(C.) No. 7392/2015

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ASSET REGISTER OF THE THURAVOOR GRAMA PANCHAYATH WITH ENGLISH TRANSLATION

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 01/12/2014 BEFORE THE S.I OF POLICE DATED 1/12/2014 WITH ENGLISH TRANSLATION

Exhibit P3 TRUE COPY OF THE SAID FIR REGISTERED AGAINST THE 5TH RESPONDENT AND OTHERS WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT WITH ENGLISH TRANSLATION

Exhibit P5 TRUE COPY OF THE STOP MEMO DATED 1/12/2014 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT WITH ENGLISH TRANSLATION

Exhibit P6 TRUE COPY OF THE STOP MEMO DATED 1/12/2014 AGAINST CONSTRUCTION OF THE TEMPLE WITH ENGLISH TRANSLATION

Exhibit P7 TRUE COPY OF THE 1ST PAGE OF THE COMPLAINT WITH THE ACKNOWLEDGEMENT SUBMITTED TO THE 1ST RESPONDENT WITH ENGLISH TRANSLATION

Exhibit P7(A) TRUE COPY OF THE ANOTHER COMPLAINT FORWARDED TO THE DISTRICT COLLECTOR BY THE 3RD RESPONDENT WITH ENGLISH TRANSLATION

Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 31/12/2014 WITH ENGLISH TRANSLATION

Exhibit P9 TRUE COPY OF THE COMPLAINT FILED BEFORE W.P.(C.) No. 7392/2015

THE HON'BLE HOME MINISTER WITH ENGLISH TRANSLATION

Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 8/1/2015 SUBMITTED BEFORE THE 2ND RESPONDENT WITH ENGLISH TRANSLATION

Exhibit P11 TRUE COPY OF THE SAID NOTICE DATED 14/01/2015 ISSUED TO THE 5TH RESPONDENT WITH ENGLISH TRANSLATION

Exhibit P11(A) TRUE COPY OF THE NOTICE DATED 14/01/2015 ISSUED TO THE 5TH RESPONDENT WITH ENGLISH TRANSLATION

Exhibit P12 TRUE COPY OF THE REPORT OF THE TAHSILDAR DATED 22/02/2012 WITH THE APPENDED REPORT OF THE OVERSEER ATTACHED TO THE OFFICE OF THE 4TH RESPONDENT WITH ENGLISH TRANSLATION

Exhibit P13 TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, THURAVOOR BEFORE THE TAHSILDAR IN FEBRUARY, 2012 WITH ENGLISH TRANSLATION

Exhibit P14 TRUE COPY OF THE RESOLUTION APPROVED IN THE GRAMA SABHA OF THE XII WARD HELD ON 25/01/2015 WITH ENGLISH TRANSLATION

RESPONDENTS EXHIBITS

Exhibit R3(A) TRUE COPY OF THE APPLICATION SUBMITTED BY MR. REMANAN DATED 18.12.2014

Exhibit R3(A)(1) ENGLISH TRANSLATION OF EXT. R3(A)

Exhibit R5(A) TRUE COPY OF THE NOTICE ISSUED BY RESPONDENT DATED 1.2.2012

Exhibit R5(B) TRUE COPY OF THE REPLY SUBMITTED BY RESPONDENT NO. 5 DATED 15.02.2012

Exhibit R5(C) TRUE COPY OF THE DECISION TOOK BY THE THIRD RESPONDENT - SECRETARY DATED 24.02.2012 W.P.(C.) No. 7392/2015

Exhibit R5(D) TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIURVANANTHAPURAM, DATED 18.05.2012

Exhibit R5(E) TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 08.08.2012

Exhibit R5(F) TRUE COPY OF THE REPLY SUBMITTED TO THE THIRD RESPONDENT BY 5TH RESPONDENT DATED 27.08.2012

Exhibit R5(G) TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 30.04.2013

Exhibit R5(H) TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 01.12.2014

Exhibit R5(I) TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 30.12.2014

Exhibit R5(J) TRUE COPY OF THE REPLY SUBMITTED BY 5TH RESPONDENT THROUGH THE ADVOCATE,TO THE THIRD RESPONDENT DATED 31.12.2014

Exhibit R5(K) TRUE COPY OF THE PHOTOGRAPH SHOWING THE DEMOLITION OF THE COMPOUND WALL AND SARPAKAVU DATED 28.11.2014

Exhibit R5(L) TRUE COPY OF THE PHOTOGRAPH SHOWING THE DEMOLITION AND ACT OF REPLACING PIPE LINE THROUGH THE PROPERTY BY ENCROACHING THE PROPERTY OF RESPONDENTS 5 TO 7 DATED 08.05.2016

Exhibit R5(M) TRUE COPY OF THE PHOTOGRAPH SHOWING THE DEMOLITION AND ACT OF REPLACING PIPE LINE THROUGH THE PROPERTY BY ENCROACHING THE PROPERTY OF RESPONDENTS 5 TO 7 DATED 08.05.2016

Exhibit R5(N) TRUE COPY OF THE PHOTOGRAPH SHOWING THE DEMOLITION AND ACT OF REPLACING PIPE LINE THROUGH THE PROPERTY BY ENCROACHING THE PROPERTY OF RESPONDENTS 5 TO 7 DATED 08.05.2016 W.P.(C.) No. 7392/2015

Exhibit R5(O) TRUE COPY OF THE PHOTOGRAPH SHOWING THE DEMOLITION AND ACT OF REPLACING PIPE LINE THROUGH THE PROPERTY BY ENCROACHING THE PROPERTY OF RESPONDENTS 5 TO 7 DATED 08.05.2016

Exhibit R5(P) TRUE COPY OF THE WRITTEN COMPLAINT AGAINST THE PETITIONERS AND OTHERS DATED 09.05.2015 SUBMITTED ON 10.05.2015 BEFORE THE SUB INSPECTOR OF POLICE, ANGAMALY