Rajan vs State Of Kerala
2022 Latest Caselaw 8195 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. 10804 OF 2016
PETITIONER/S:

         RAJAN
         AGED 53 YEARS, S/O. KARUNAKARAN, RESIDING AT
         KULATH CHIRA HOUSE, THALAYAZHAM VILLAGE, VAIKOM
         TALUK, KOTTYAM DISTRICT.
         BY ADVS.
         SRI.P.K.MURALEEDHARAN
         SRI.SUNU P.JOHN


RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
         LOCAL SELF GOVERNMENT,SECRETARIAT,
         THIRUVANANTHAPURAM,PIN - 695 001.
    2    THE DISTRICT COLLECTOR
         KOTTAYAM DISTRICT COLLECTORATE P.O., KOTTAYAM ,
         PIN - 695 001.
    3    THE TAHSILDAR VAIKOM TALUK
         VAIKOM P.O., KOTTAYAM PIN -686 141
    4    THE VILLAGE OFFICER THALAYAZHAM VILLAGE
         THALAYAZHAM P.O., VAIKOM TALUK, KOTTAYAM, PIN 686
         607.
    5    THE SECRETARY THALAYAZHAM GRAMA PANCHAYATH
         THALAYAZHAM P.O., VAIKOM TALUK, KOTTAYAM, PIN -
         686 607.
         BY ADVS.
         KUM.R.ANJALI
         SRI.S.RADHAKRISHNAN
         SHRI.S.RAJMOHAN
         SMT.SMT.KAVERY S.THAMPI, SC, THALAYAZHAM GRAMA
         PANCHAYAT
         R1 TO 4 - SRI.K.P.HARISH,SENIOR GOVERNMENT
         PLEADER
 W. P. (C) No. 10804 of 2016
                                    -2-


       THIS     WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    01.07.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 10804 of 2016
                                    -3-


                              JUDGMENT

This writ petition is filed by the petitioner seeking the following

reliefs:-

"1. Issue a writ of mandamus or any appropriate writ or order directing the respondents to initiate proceedings on Ext P1 and P2 representations as provided under law for identification and eviction of the alleged encroachment into the Panchayath road priyadarshini - mullakkari road for the immediate development of the said Panchayath road;

2. Issue a writ of mandamus or any appropriate writ or order directing the respondents to dismantle and remove the compound wall remaining encroached into the Panchayath road at the entry point of the PWD road mentioned in Ext P1 and P2 representations on safety grounds in view of the threat caused by the same."

2. However, when the matter is taken up today, learned counsel

for the petitioner Sri. P. K. Muraleedharan submitted that in view of a

later decree passed by a competent civil court, he is not interested to

pursue the writ petition.

Accordingly, writ petition is dismissed as withdrawn.

Sd/-

SHAJI P. CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE