C.A.Elsy vs State Of Kerala
2022 Latest Caselaw 5559 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                      WP(C) NO. 16396 OF 2022
PETITIONER:

          C.A.ELSY,
          AGED 63 YEARS
          W/O.JOSE, OLAKKENGIL HOUSE, MUNDOOR.P.O.,
          THRISSUR DISTRICT, PIN-680541.
          BY ADV K.VISWANATHAN
          SHRI.AHAMMED SACHIN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, SECRETARIAT,
          PALAYAM.P.O,THIRUVANANTHAPURAM DISTRICT, PIN-695001.
    2     THE DISTRICT COLLECTOR,
          THRISSUR, COLLECTORATE, AYYANTHOLE P.O.,
          THRISSUR DISTRICT - 680 003.
    3     THE TAHSILDAR,
          THALAPPILLY TALUK OFFICE, KODUNGALLUR - SHORNUR
          ROAD, WADAKKANCHERY, THRISSUR DISTRICT - 680 623.
    4     THE VILLAGE OFFICER,
          WADAKKANCHERY VILLAGE OFFICE, WADAKKANCHERRY P.O.,
          THRISSUR DISTRICT - 680 582.
          SMT.MABLE C.KURIAN - SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16396 OF 2022           2

                              JUDGMENT

The petitioner alleges that there are illegal encroachments and

constructions on the side of the Mangalam Road, abutting her

property at Wadakkancherry Village on its western side. She says

that she has, therefore, preferred Exts.P2 and P3 complaints before

respondent Nos.4 and 2 respectively; and alleges that they have taken

no action pursuant thereto.

2. The learned Senior Government Pleader - Smt.Mable

C.Kurian, however, in response to the afore submissions of

Shri.Ahammad Sachin - learned counsel for the petitioner, submitted

that Exts.P2 and P3 have already been acted upon and that they have

been forwarded to the jurisdictional Tahsildar (Land Records) for

necessary action. She submitted that once the said Authority

completes the proceedings, including measurement and survey of the

areas in question, all apposite steps will be taken to remove the

encroachments and illegal constructions, if any, without any

avoidable delay.

3. The afore submissions of the learned Senior Government

Pleader make it evident that the official Authorities have also taken

cognizance of the complaint of the petitioner. Whether they are

genuine or otherwise will have to be certainly proved through an

enquiry, including survey and measurement of the properties

involved.

Resultantly, I order this writ petition and direct the

jurisdictional Tahsildar (Land Records), or such other competent

Authority before whom Exts.P2 and P3 are presently pending, to take

up the same and complete proceedings thereon, following due

procedure and after conducting all necessary enquiry/investigation as

may be necessary, and also affording necessary opportunity of being

heard to the petitioner, as also any other person who may be

interested; thus culminating in final orders and necessary action

thereon, as expeditiously as is possible, but not later than six months

from the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/26.5

APPENDIX OF WP(C) 16396/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO.

78/2017 ON THE FILE OF MUNSIFF COURT, WADAKKANCHERY DATED 20.1.2017.

Exhibit P2 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 05.05.2022.

Exhibit P3 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05.05.2022.