T. Somarajan vs The Erathu Grama Panchayat
2022 Latest Caselaw 7755 Ker

WP(C) NO. 6214 OF 2012              1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                          WP(C) NO. 6214 OF 2012
PETITIONER/S:

               T. SOMARAJAN
               AGED 54 YEARS
               SMITHA BHAVAN, VAYALA P.O., PUTHUSSERI BHAGOM,
               ERATHU VILLAGE, ADOOR.

               BY ADVS.
               SRI.D.KISHORE
               SMT.MINI GOPINATH



RESPONDENT/S:

      1        THE ERATHU GRAMA PANCHAYAT
               REPRESENTED BY ITS SECRETARY, VADAKKADATHUKAVU P.O.,
               ADOOR 691529.

      2        THE SECRETARY
               ERATH GRAMA PANCHAYAT, VADAKKADATHUKAVU P.O., ADOOR-
               691529.

      3        THE TAHSILDAR
               ADOOR.

      4        THE ADDITIONAL TAHSILDAR
               ADOOR.

      5        ANILKUMAR
               S/O.DEVADASAN, ATTARA VEEDU, VAYALA P.O.,
               PUTHUSSERIBHAGOM MURI, ERATHU VILLAGE, ADOOR TALUK,
               PATHANAMTHITTA DISTRICT.

      6        DEVADASAN
               ATTARA VEEDU, VAYALA P.O., PUTHUSSERIBHAGOM MURI,
               ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA
 WP(C) NO. 6214 OF 2012                 2


               DISTRICT.

      7        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
               DEPARTMENT, THIRUVANANTHAPURAM.

               BY ADVS.
               SRI.SAJJU.S
               SRI.JACOB P.ALEX
               SRI.JOSEPH P.ALEX
               SRI.K.SHAJ



OTHER PRESENT:

               SMT.DEEPA NARAYANAN, SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.06.2022,         THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 6214 OF 2012               3




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                       W.P.(C) No.6214 of 2012
                     --------------------------------------
                 Dated this the 28th day of June, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"a. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to take appropriate steps under the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorized Occupation) Rules, 1996 against respondents 5 and 6 and to remove the encroachment in the thodu puramboke in Resurvey 622/1, Block No.17 of Erathu Village, forthwith. b. To issue a writ of mandamus or any other appropriate writ, direction or order directing the 2 nd respondent to act an Exhibits P3 and P5 and take follow up actions in accordance with law as expeditiously as possible. c. grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice.". [SIC]

2. The main prayer in the writ petition is against the

illegal construction done by the 5 th respondent. The petitioner

approached the Panchayat with a representation which leads

to Ext.P4. Ext.P4 is the proceedings by the Addl.Tahsildar to

the Secretary, Erathu Grama Panchayat. Ext.P4(2) is the

report by the Surveyor. The case of the petitioner is that no

follow up action is taken.

3. Heard the learned counsel for the petitioner and the

learned counsel appearing for the Panchayat. I also heard the

learned Government Pleader. The counsel for the 6th

respondent submitted that the 6th respondent is no more.

4. After hearing both sides, I think writ petition itself

can be disposed of directing the respondents to take

appropriate steps consequent to Ext.P4, if not already taken.

Before taking any steps, the affected parties will be given a

notice.

Therefore, this writ petition is disposed of directing

respondent Nos. 2 and 3 to take appropriate steps in

consequent to Ext.P4, if not already taken.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS :

EXT.P1 TRUE COPY OF THE PROCEEDINGS NO.6934 DATED 29.9.2009 OF THE ADDL. SECRETARY, PUBLIC GRIEVANCES CELL.

EXT.P2    TRUE COPY OF THE PROCEEDINGS NO. A1-6878/11 DATED
10.12.2011 OF THE 2ND RESPONDENT

EXT.P3    TRUE       COPY       OF       THE       PROCEEDINGS

NO.19429/CMPGRC/S.K/2011/GAD DATED 9.1.2012 OF THE JOINT SECRETARY, PUBLIC GRIEVANCES CELL ALONG WITH THE REPORT OF 2ND RESPONDENT

EXT.P4 TRUE COPY OF THE PROCEEDINGS NO.D1-2898/11 DATED 18.2.2012 OF THE 4TH RESPONDENT

EXT.P5 TRUE COPY OF THE PROCEEDINGS NO.D1-2898/11 DATED 18.2.2012 OF THE 4TH RESPONDENT

EXT.P6 TRUE COPY OF THE PLAINT IN SO 71/2012 OF MUNSIFF COURT, ADOOR

EXT.P7 TRUE COPY OF THE ORDER IN IA NO 387/12 IN OS 71/12

RESPONDENT'S EXHIBITS :

EXT.R6(A) TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER HEREIN IN ORIGINAL SUIT NO.71 OF 2012 BEFORE THE MUNSIFF COURT ADOOR

EXT.R6(B) TRUE COPY ADVOCATE COMMISSIONER'S REPORT FILED IN ORIGINAL SUIT NO.71 OF 2012 BEFORE THE MUNSIFF COURT, ADOOR

EXT.R6(C) TRUE COPY REVISION PETITION PETITIONER FILED BY THIS RESPONDENT BEFORE THE DISTRICT COLLECTOR UNDER SECTION 13A OF THE KERALA SURVEY AND BOUNDARIES ACT 1961