Stalin Alexandar vs State Of Kerala
2023 Latest Caselaw 8509 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
      MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        WP(C) NO. 25802 OF 2023
PETITIONER/S:

          STALIN ALEXANDAR, AGED 47 YEARS
           S/O ALEXANDAR,THIRUVATHIRAYIL,KULATHUMMAL VILLAGE,
          AMACHAL MURIYIL, AMACHAL P.O, THRIKKANJIRAPURAM,
          KATTAKKADA TALUK.,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695572
          BY ADV P.ANOOP (MULAVANA)


RESPONDENT/S:
     1     STATE OF KERALA, REPRESENTED BY SECRETARY TO
           GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695001
     2     THE DISTRICT COLLECTOR
           COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU,
           THIRUVANANTHAPURAM DISTRICT., PIN - 695001
     3     THE SECRETARY
           KATTAKKADA GRAMA PANCHAYATH, KATTAKKADA PO,
           THIRUVANANTHAPURAM., PIN - 695572
     4     KATTAKKADA GRAMA PANCHAYATH
           KATTAKKADA PO, THIRUVANANTHAPURAM REPRESENTED BY ITS
           SECRETARY., PIN - 695572
     5     THE TAHSILDAR (LR)
           KATTAKADA, THIRUVANANTHAPURAM DISTRICT, PIN - 695572
     6     THE VILLAGE OFFICER,
           KULATHUMMAL VILLAGE OFFICE, KATTAKADA POST,
           THIRUVANANTHAPURAM DISTRICT., PIN - 695572
     7     KUMARI, D/O AMMU, THIRUVATHIRA, THRIKKATHIPURAM,
           AMACHAL MURI, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM
           DISTRICT., PIN - 695572
     8     SOUMYA , D/O KUMARI, THIRUVATHIRA, THRIKKATHIPURAM,
           AMACHAL MURI, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM
           DISTRICT, PIN - 695572


          SMT. PREETHA K K (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25802 OF 2023           2




                               JUDGMENT

Petitioner has filed Ext.P7 complaint before the 5 th

respondent, alleging that respondent Nos.7 and 8 have

encroached upon the puramboke land. Learned counsel

appearing for the petitioner would submit that similar

complaint has also been filed before the 4 th respondent. It is

submitted that no action has been taken on the complaints

made by the petitioner and therefore, a direction may be

issued to the 5th respondent to consider and pass orders on

Ext.P7, after affording an opportunity of hearing to the

petitioner and respondent Nos.7 and 8.

2. Learned Senior Government Pleader submits that

there is no objection in such a direction being issued. Having

regard to the nature of the order that I propose to pass, no

notice need be issued to respondent Nos.7 and 8.

3. Having heard the learned counsel appearing for the

petitioner and the learned Senior Government Pleader and

having regard to the limited nature of relief now sought for by

the petitioner, the writ petition will stand disposed of, directing

the 5th respondent to consider and pass orders on Ext.P7

complaint filed by the petitioner, after affording an opportunity

of hearing to the petitioner and respondent Nos. 7 and 8, in

accordance with the law, within a period of three months from

the date of receipt of a certified copy of this judgment. I make it

clear that I have not expressed any opinion on the merits of the

matter and it will be open to the 1 st respondent to consider

Ext.P7, in accordance with the law.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 25802/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DECISION TAKEN ON 15-02-2019 BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 18-07-

2019 BY THE 5TH RESPONDENT Exhibit P3 TRUE COPY OF THE REPORT DATED 04-03-2021 OF THE 6TH RESPONDENT Exhibit P4 TRUE COPY OF THE DECISION NO 10(1) DATED 18-

02-2022 BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER DATED 19-04-2022 BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 27-06-2023 FORWARDED TO THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 27-06-2023 FORWARDED TO THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF THE POSTAL RECEIPTS DATED 27.06.2023