C.S.Abdul Karim vs State Of Kerala
2022 Latest Caselaw 2942 Ker

WP(C) No.7776/2022                          1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
            Wednesday, the 16th day of March 2022 / 25th Phalguna, 1943
                            WP(C) NO. 7776 OF 2022 (V)
   PETITIONER:

          C.S.ABDUL KARIM, AGED 62 YEARS, S/O. LATE SHAHUL HAMEED,
          CHAYIPARAMBIL HOUSE, ERATTUPETTA, KOTTAYAM 686 121.

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO
         GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM 695 001.
      2. THE TAHSILDAR, (LAND RECORDS), TALUK OFFICE MEENACHIL 686 577.
      3. THE EXECUTIVE ENGINEER, KSTP, PONKUNNAM, KOTTAYAM DISTRICT 686 506.
      4. EXECUTIVE ENGINEER PWD ROADS DIVISION, KOTTAYAM 686 001.
      5. ERATTUPETTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL
         OFFICE, ERATTUPETTA P.O., 686 121.
      6. THE SECRETARY, ERATTUPETTA MUNICIPALITY, REPRESENTED BY ITS
         SECRETARY MUNICIPAL OFFICE, ERATTUPETTA P.O.,686 121.
      7. P.C.IBRAHIM, AGED 64 YEARS, S/O. KASIM, PLAMOOTTIL HOUSE,
         THALAPALAM, ERATTUPETTA 686 121.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents 4 to 6 to take immediate actions to
   evict the encroachments in the land acquired for Ettumanoor - Poonjar
   State High Way at Kaduvamuzhy in the light of Exts P2, P4 and P5 and to
   submit a report before this Hon'ble Court, pending final disposal of the
   Writ Petition (C).


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.MANSOOR.B.H., Advocate for the petitioner , GOVERNMENT PLEADER for R1
   to R4 and of SRI.SUNIL V.MOHAMMED, STANDING COUNSEL for R5 & R6, the court
   passed the following:
 WP(C) No.7776/2022                            2/3




                                           ORDER

Sri.Sunil V. Muhammed, Learned Standing Counsel for the Municipality submits that the encroachments have not been properly identified and that the aid of the Competent Authorities of the PWD and the survey officials are necessary.

The learned Senior Government Pleader will obtain specific instructions in this regard and report to this court by the next posting date.

List on 24/03/2022.

          16/03/2022


                                              Sd/- DEVAN RAMACHANDRAN, JUDGE
 WP(C) No.7776/2022                         3/3

EXHIBIT P2 : TRUE COPY OF THE JUDGMENT DATED 08/10/2020 IN WP(C) NO:10765/2020 OF THIS HON'BLE COURT

EXHIBIT P4 : TRUE COPY OF THE PROCEEDINGS DATED 13/08/2021 BEARING NO.C2/E2/3916/2020 ISSUED TO THE FOURTH RESPONDENT BY THE ASSISTANT ENGINEER, ERATTUPETTA MUNICIPALITY.

EXHIBIT P5 : TRUE COPY OF THE COMMUNICATION DATED 16/08/2021 BEARING D3-6168/18 ISSUED BY THE SECOND RESPONDENT

16-03-2022 /True Copy/ Assistant Registrar