Yahiya vs The District Collector
2023 Latest Caselaw 9174 Ker

W. P. (C) No. 25147 of 2023
                                   -1-



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                    &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
  WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                         WP(C) NO. 25147 OF 2023
PETITIONER/S:

             YAHIYA
             AGED 47 YEARS
             RESIDING THEENATTU HOUSE,
             THAYIKKATTUKARA.P.O.,ALUVA ERNAKULAM., PIN -
             683106
             BY ADVS.
             A.B.JALEEL
             A.J.SHAHEER


RESPONDENT/S:

     1       THE DISTRICT COLLECTOR
             ERNAKULAM CIVIL STATION,KAKKANAD,ERNAKULAM, PIN -
             682030
     2       THE REVENUE DIVISIONAL OFFICER
             ERNAKULAM FORT KOCHI ,KB JACOB ROAD, ERNAKULAM,
             PIN - 682001
     3       THE THAHASILDAR
             ALUVA TALUK, TALUK OFFICE ,MINI CIVIL STATION,
             ERNAKULAM, PIN - 683101
     4       THE AGRICULTURAL OFFICER
             KRISHI BHAVAN, CHOORNIKKARA, COMPANYPADI JUNCTION
             , ALUVA ERNAKULAM, PIN - 683501
     5       SECRETARY
             CHOORNIKKARA GRAMA PANCHAYATH, THAIKATTUKARA P.O,
             COMPANYPADI, ALUVA ERNAKULAM, PIN - 683106
     6       THE VILLAGE OFFICER
             CHOORNIKKARA VILLAGE OFFICE, COMPANYPADI,ALUVA
             ERNAKULAM, PIN - 683106
 W. P. (C) No. 25147 of 2023
                                   -2-


     7        FEBINA NAVAS
              AGED ABOUT 50 YEARS , W/O NAVAS,
              THAIKKATTUKARA.P.O., ALUVA, ERNAKULAM, PIN -
              683106
              BY ADV ANIL K.MUHAMED


OTHER PRESENT:

              SRI. V.TEK CHAND, SR.GP.



       THIS     WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    23.08.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 25147 of 2023
                                    -3-


                              JUDGMENT

Dated this the 23rd day of August, 2023

A. J. Desai, C. J.

By way of the present writ petition filed in the nature of public

interest, petitioner has sought for a direction to respondents 1 to 6 to

initiate necessary steps to demolish the building constructed by the

7th respondent.

2. Today, when the matter came up, learned counsel for the

petitioner confined his relief only to the extent of consideration of

Ext. P4 application submitted by the petitioner, pending before the

District Collector, Ernakulam, the 1st respondent.

Placing on record the above submission, we dispose of this

writ petition, directing the 1st respondent, to look into the matter, and

take appropriate steps, strictly in accordance with law.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE Eb W. P. (C) No. 25147 of 2023

APPENDIX OF WP(C) 25147/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE STOP MEMO DATED 26.12.2022 ISSUED BY THE 6TH H RESPONDENT ALONG WITH ENGLISH TRANSLATION EXHIBIT P2 TRUE COPY OF THE PROVISIONAL ORDER DATED 28.01.2023 ISSUED BY THE 5TH RESPONDENT ALONG WITH ENGLISH TRANSLATION EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 06.03.2023 ISSUED BY THE 5TH RESPONDENT ALONG WITH ENGLISH TRANSLATION EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 16.01.2023 SUBMITTED BEFORE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION