Kerala High Court
Basheer vs District Collector Of Kasaragod on 5 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 5TH DAY OF NOVEMBER 2022 / 14TH KARTHIKA, 1944
WP(C) NO. 31809 OF 2013
PETITIONER/S:
BASHEER
AGED 34 YEARS
S/O. HASSAINAR, KALATHIL HOUSE, ADHUR.P.O., KASARAGOD.
BY ADVS.
SRI.P.V.KUNHIKRISHNAN
SRI.P.V.ANOOP
RESPONDENT/S:
1 DISTRICT COLLECTOR OF KASARAGOD
KASARAGOD-671021.
2 VILLAGE OFFICER
ADHUR VILLAGE, KASARAGOD-671121.
3 THE SECRETARY
KARADKA GRAMA PANCHAYATH, KASARAGOD-671314.
4 CIRCLE INSPECTOR OF POLICE
ADHUR STATION, KASARAGOD-671121.
5 SUB INSPECTOR OF POLICE
ADHUR POLICE STATION, KASARAGOD-671121.
6 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
TRIVANDRUM-695001.
7 VIJAYA M MARLA
W/O. M.K. HARIPRASAD, RAI NIVAS, ADHUR VILLAGE AND
POST, KASARAGOD.
BY ADVS.
SRI.K.JAYESH MOHANKUMAR
SRI.T.MADHU FOR R7
SRI.PUSHPARAJAN KODOTH
SRI.T.SETHUMADHAVAN SR.
OTHER PRESENT:
GOVT. PLEADER SRI.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31809 OF 2013 2
MOHAMMED NIAS C.P.,J
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WP(C) NO. 31809 OF 2013
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Dated this the 5th day of November, 2022
JUDGMENT
This writ petition is filed contending that the 7 th
respondent is encroaching upon the public road owned by
the Grama Panchayat and the Panchayat is not taking any
action against her. There is also prayer to direct the
Panchayat to take further action pursuant to Exts.P4 and
P5.
2. I have heard the learned counsel appearing for
the 7th respondent also.
3. A counter affidavit has been filed on behalf of
the Panchayat, which states that after the receipt of
notice of the writ petition, the Panchayat has sent a
letter to the 2nd respondent on 18.3.2014 requesting him to
furnish the details of the encroachments, if any, made by
the 7th respondent. The 2nd respondent conducted a detailed
enquiry and a physical verification on the site and it was
found that the 7th respondent is having an extent of 1.04
Acres of land in R.S.No.555/1b of Adhur village. It was
stated by the 2nd respondent that the 7th respondent got the
property as per partition deed No.345/1965 of S.R.O.,
Badiadka. The 2nd respondent further states that 3/4th of
the Panchayat road is passing through the patta land of
the 7th respondent. It is also stated that the 7 th
respondent has not made any encroachment upon the
Panchayat road and her intention was to construct a
compound wall after leaving the Panchayat road.
Recording the above statement in the counter
affidavit, I hold that no further orders are required in
the writ petition. Apart from the above, this Court
cannot consider the factual disputes raised for which the
petitioner has to take measures elsewhere.
This writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
//True copy// P.S. to Judge
APPENDIX OF WP(C) 31809/2013
PETITIONER EXHIBITS
P1. A COPY OF THE REPRESENTATION SUBMITTED BY
THE LOCAL PEOPLE INCLUDING THE PETITIONER TO
THE 3RD RESPONDENT PANCHAYATH DATED 5-11-13.
P2. A COPY OF THE REPRESENTATION DATED NIL
SUBMITTED BY THE WARD MEMBER OF THE 3RD
RESPONDENT PANCHAYATH TO THE 1ST RESPONDENT.
P3. A COPY OF THE LETTER SUBMITTED BY 3RD
RESPONDENT PANCHAYATH TO THE 2ND RESPONDENT
DATED 9-10-2013.
P4. A COPY OF THE LETTER DATED 9-10-2013 ISSUED
BY THE 2ND RESPONDENT TO 3RD RESPONDENT.
P5. A COPY OF THE LETTER SEND BY THE 3RD
RESPONDENT TO THE 7TH RESPONDENT DATED 6-11-
P6. A COPY OF THE LETTER SENT BY THE 3RD
RESPONDENT TO THE 5TH RESPONDENT DATED 6-11-
P7. A COPY OF THE REPRESENTATION DATED 12-12-13
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT.
P8. A COPY OF THE NEW ITEMS PUBLISHED IN CARAVAL
NEWS PAPER ON 8-11-13.
