Jose Felix vs District Collector, Ernakulam
2023 Latest Caselaw 9089 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                         WP(C) NO. 25264 OF 2023
PETITIONER:

              JOSE FELIX
              AGED 54 YEARS
              AZHIKKAKATH HOUSE, SOUTH CHITTOOR P.O., ERNAKULAM.,
              PIN - 682027
              BY ADVS.
              A.BALAGOPALAN
              A.RAJAGOPALAN
              M.N.MANMADAN
              M.S.IMTHIYAZ AHAMMED
              P.SEENA


RESPONDENTS:

     1        DISTRICT COLLECTOR, ERNAKULAM
              OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
              CIVIL LINES ROAD, KAKKANAD, ERNAKULAM, PIN - 682030
     2        THE TAHASILDAR, KANAYANNUR TALUK
              OFFICE OF THE TAHASILDAR, KANAYANNUR TALUK OFFICE,
              PARK AVENUE ROAD, ERNAKULAM, PIN - 682011
     3        CHERANELLORE PANCHAYATH, REPRESENTED BY ITS SECRETARY
              OFFICE OF THE PANCHAYATH, CHERANELLORE, ERNAKULAM, KOCHI,
              PIN - 682034
     4        THE LOCAL MANAGER (VICAR, HOLY FAMILY CHURCH)
              SOUTH CHITTOOR, ST. MARY'S UP SCHOOL, SOUTH CHITTOOR,
              ERNAKULAM, PIN - 682027

              SMT.AMMINIKUTTY-SR.GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.25264 OF 2023
                                  2




                             JUDGMENT

Dated this the 23rd day of August, 2023

The petitioner seeks to direct the 2nd respondent-

Tahsildar to consider Ext.P4 complaint and take a decision

thereon expeditiously.

2. According to the petitioner, the 4 th respondent is

trying to annex a Puramboke land with the School property.

The 3rd respondent has already issued Ext.P6 Stop Memo to

the 4th respondent and Ext.P7 direction has been given to the

Village Officer and other Revenue officials. Though the Stop

Memo is pending, the 4th respondent is proceeding with the

construction. Unless appropriate direction is given to the 2 nd

respondent, the petitioner will be put to untold hardship and

loss, contends the petitioner.

3. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing WP(C) NO.25264 OF 2023

respondents 1 and 2. Notice to respondents 3 and 4 is

dispensed with, in view of the nature of the reliefs to be

granted in the writ petition.

4. Taking into consideration the fact that the complaint

of the petitioner is in respect of encroachment of a public

Purambok, the writ petition can be disposed of with

appropriate directions.

The writ petition is accordingly disposed of directing the

2nd respondent-Tahsildar to consider Ext.P4 complaint

submitted by the petitioner and take appropriate decision

thereon, within a period of two months, after giving an

opportunity of hearing to the petitioner and the 4th respondent.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.25264 OF 2023

APPENDIX OF WP(C) 25264/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE IMPLEADING PETITION FILED BY THE PETITIONER IN WP (C) 16995/2023 Exhibit P2 TRUE COPY OF THE RECEIPT EVIDENCING THE ACCEPTANCE OF THE COMPLAINT BY THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP (C) 16995/2023 Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE RECEIPT DATED EVIDENCING THE RECEIPT OF EXHIBIT P4 NOTICE BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE STOP MEMO ORDER ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE DIRECTION ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE PERMIT ISSUED BY THE 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE PLAN SANCTIONED BY THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE RE SURVEY SKETCH PERTAINING TO RE SURVEY NO: 333/13 OF CHERANELLORE VILLAGE