T.D. Raju vs State Of Kerala
2022 Latest Caselaw 7987 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                         WP(C) NO. 20541 OF 2022
PETITIONER

             T.D. RAJU,
             AGED 60 YEARS
             s/O. DAMODARAN, RESIDING AT THARAYIL (THAMASA),
             ARUNAPURAM, PULIYANNOOR VILLAGE, MEENACHIL TALUK,
             KOTTAYAM DISTRICT.
             BY ADVS.
             P.C.HARIDAS
             P.S.GOVIND


RESPONDENTS:

     1       STATE OF KERALA,
             REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF
             REVENUE, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM- 695 001.
     2       THE DISTRICT COLLECTOR,
             COLLECTORATE, KOTTAYAM 686 001.
     3       THE REVENUE DIVISIONAL OFFICER,
             CIVIL STATION, PALA 686 575.
     4       THE VILLAGE OFFICER,
             PULIYANNOOR , PALA, KOTTAYAM DISTRICT 686 573.
     5       ARYA PRATHAP,
             AGED 30 YEARS
             S/O. PRATHAPACHANDRAN, PULIYANNOOR KARA,
             PULIYANNOOR VILLAGE, MEENACHIL TALUK,
             KOTTAYAM DISTRICT- 686 573.

             SMT.SURYA BINOY (SR.GP)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20541 OF 2022
                                          2


                              JUDGMENT

Dated this the 29th day of June, 2022

The petitioner is before this Court seeking to direct the 3 rd

respondent-Revenue Divisional Officer to consider Ext.P2

complaint and take necessary action thereon within a time

limit.

2. The petitioner states that the 5th respondent is the

owner of 8 Cents of wetland near the property of the petitioner.

The 5th respondent started reclamation of the wetland

encroaching upon the PWD puramboke land. The 5 th

respondent has also blocked a natural drainage in the area.

The petitioner and other local residents filed Ext.P2 complaint

before the Revenue Divisional Officer. The complaint was

submitted on 10.06.2022. Unless the 3rd respondent takes

action on Ext.P2, the petitioner and other local residents will

be put to untold hardship, contended the petitioner. WP(C) NO.20541 OF 2022

3. Government Pleader entered appearance on behalf

of respondents 1 to 4. The Government Pleader submitted that

according to the instructions received, Ext.P2 has not been

received by the Revenue Divisional Officer.

4. The petitioner would point out that the petitioner has

produced acknowledgment receipt from the office of the

Revenue Divisional Officer evidencing submission of the

complaint on 10.06.2022.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 to 4. In view of the nature of releif being

granted in this writ petition, notice to the 5th respondent is

dispensed with.

6. The contention of the petitioner is that the 5th

respondent is making illegal reclamation of land and

encroaching upon the PWD puramboke land also. The natural

flow of drainage water is blocked by the 5 th respondent. It is in

such circumstances that the petitioner along with others has WP(C) NO.20541 OF 2022

filed Ext.P2 complaint.

7. Since Ext.P2 complaint raises an issue of public

nuisance, this Court is of the view that the 3 rd respondent-

Revenue Divisional Officer shall consider the same and take

such steps as are warranted.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider and pass appropriate

orders as found necessary, on Ext.P2 complaint filed by the

petitioner, with notice to the 5th respondent. The petitioner

shall serve a copy of the writ petition along with the certified

copy of this judgment on the 3 rd respondent. It is made clear

that this Court has not pronounced anything on merits, on the

complaint of the petitioner.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.20541 OF 2022

APPENDIX OF WP(C) 20541/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPLY DATED 11.05.2022 GIVEN BY THE 4TH RESPONDENT TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE 3RD RESPONDENT.