P.C. Beeran vs Dist. Collector, Kozhikode
2023 Latest Caselaw 606 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                  WP(C) NO. 10010 OF 2013
PETITIONER/S:

         P.C. BEERAN
         AGED 35 YEARS
         S/O. KUNHALI HAJEE, PADIPATTACHALIL HOUSE,
         PARAMBATHKAVE AMSOM, KARUVAMPOYIL DESOM,
         KOZHIKODE TALUK AND DISTRICT.
         BY ADVS.
         SRI.SANTHARAM.P
         SMT.REKHA ARAVIND


RESPONDENT/S:

    1    DIST. COLLECTOR, KOZHIKODE
         COLLECTORATE, CIVIL STATION, KOZHIKODE DISTRICT-
         673 001.
    2    THE REVENUE DIVISIONAL OFFICER
         COLLECTORATE, CIVIL STATION, KOZHIKODE DISTRICT-
         673 001.
    3    THE TAHSILDAR
         COLLECTORATE, CIVIL STATION, KOZHIKODE DISTRICT-
         673 001.
    4    THE VILLAGE OFFICER
         KODUVALLY VILLAGE, KOZHIKODE DISTRICT.
    5    THE EXECUTIVE ENGINEER
         PUBLIC WORKS DEPARTMENT, KOZHIKODE-673 001.
    6    THE ASSISTANT EXECUTIVE ENGINEER
         PUBLIC WORKS DEPARTMENT, ROADS SECTION,
         KODUVALLY, KOZHIKODE-673 001.
    7    THE ASSISTANT ENGINEER
         PUBLIC WORKS DEPARTMENT, ROADS SECTION,
         KODUVALLY, KOZHIKODE-673 001.
    8    THE DEPUTY SUPERINTENDENT
         VIGILANCE AND ANTI CORRUPTION BUREAU, NORTHERN
         REGION, KOZHIKODE-673 001.
                                         -2-
W.P.(C). No. 10010 of 2013



       9  THE CIRCLE INSPECTOR OF POLICE
          KODUVALLI POLICE STATION, KOZHIKODE-673 001.
    10    THE SECRETARY
          KODUVALLY GRAMA PANCHAYATH, KOZHIKODE-673 001.
    11    K.K.KHADER
          AGED 37 YEARS
          S/O. ABDULLA HAJEE, KARIMPARA KUZHIYIL HOUSE,
          KODUVALLY AMSOM AND DESOM, KOZHIKODE TALUK AND
          DISTRICT, PIN-673 001.
    12    K.K.MAJEED
          AGED 48 YEARS
          S/O. POCKER, KACHERI KUNNUMMAL HOUSE, KODUVALLY
          POST, KODUVALLY AMSOM AND DESOM, KOZHIKODE TALUK
          AND DISTRICT-673 001.
    13    R.C.RAZAK
          AGED 38 YEARS
          S/O. R.C.ABDURAHIMANKUTTY, RAROTH CHALIL HOUSE,
          KODUVALLY POST, KODUVALLY AMSOM AND DESOM,
          KOZHIKODE TALUK AND DISTRICT, PIN-673 001.
 ADDL R14 KADEEJUMMA,
          AGED 85 YEARS
          D/O.MAMMED KOYA,
          KP/14/252, ELAVANCHALIL HOUSE, KODUVALLY,
          KOZHIKODE, PIN -673 001.
          IMPLEADED AS PER ORDER DATED 29-05-2013 IN IA
          6847/2013
          BY ADVS.
          GOVERNMENT PLEADER
          SRI.M.MUHAMMED SHAFI
          SRI.K.M.FIROZ
          SMT.M.SHAJNA


OTHER PRESENT:

                  SRI.K.M.FAISAL, GP


           THIS    WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION          ON    12.01.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 10010 of 2013



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No.10010 of 2013
                         =============================================================

                   Dated this the 12th day of January, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"1. to issue a writ of mandamus or any other appropriate writ, order or direction commanding the authorities concerned to stop the construction of building in the R.S.No 59 of Koduvally amsom Parambathkavu desom of Kozhikode Taluk, and to prevent further construction therein,

2. to issue a writ of mandamus or any other appropriate writ, order or direction commanding the authorities concerned to direct the respondents 11 to 13 to demolish the construction carried out in the RS.No. 59 of Koduvally amsom, Parambathkavu desom of Kozhikode Taluk,

3. to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 8 th respondent to inquire in to the matter relating to the illegal construction of building in the R.S.No.59 of Koduvally amsom, Parambathkavu desom of Kozhikode Taluk and take appropriate action against the wrong doers including the officials, who failed to prevent such illegal construction, And

W.P.(C). No. 10010 of 2013

4. Such other order or direction deems fit and proper for this Hon'ble Court in facts and circumstances of the case." (sic)

2. The main prayer in this writ petition is to issue

appropriate direction commanding the authorities concerned to

stop construction of building in R.Sy.No.59 of Koduvally amsom,

Parambathkavu desom of Kozhikode Taluk. The further prayer is

to issue directions to the authorities concerned to demolish the

construction carried out in that property.

3. When this writ petition came up for consideration, the

Government Pleader takes me through paragraph 4 and 5 of the

counter affidavit filed by the 2nd respondent. It will be better to

extract the same here:

"4. Receiving instructions from the District Collector, the Village Officer concerned was told to submit a report. Village Officer reported that there is encroachment in PWD puramboke land where an old aged and destitute lady named Khadeeshumma has residing in a make shift.

Then the Village Officer was told to shift the lady to old

W.P.(C). No. 10010 of 2013

aged home under Social Welfare Department and to start action to book the encroachment. Taluk Surveyor was also entrusted to survey the land in question who submitted the report with sketch. Village Officer has now booked the encroachment prepared A form Mahasar and sketch. Village Officer has issued stop memo and has now booked the encroachment, prepared A form, mahasar and sketch. Further action under KLC Act will be followed accordingly by Tahsildar. Further the Taluk Surveyor was entrusted to survey the land in question who submitted the report with sketch on 17.04.2013.

5. Actions to evict the encroachment under KLC Act have already been started. Now the encroachment booked by preparing A form, sketch and On receiving the order of District Collector RDO issued further instruction to Tahsildar Kozhikode to take action under KLC Act. Village Officer has issued stop memo and has now booked the encroachment, prepared A form, mahasar and sketch. Further action under KLC Act will be followed accordingly by Tahsildar." (sic)

4. In the light of the same, nothing survives in this case.

If there is any encroachment or any illegal construction, the

authority concerned will do the needful in accordance to law,

with notice to the alleged encroachers.

W.P.(C). No. 10010 of 2013

With the above observation and recording the counter

affidavit filed by the 2nd respondent, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 10010 of 2013

APPENDIX OF WP(C) 10010/2013

PETITIONER EXHIBITS P1 : COPY OF THE 'ADANGAL' OBTAINED FROM THE VILLAGE OFFICE, KODUVALLY.

P2 : COPY OF PHOTOGRAPHS OF THE BUILDING CONSTRUCTION. P3 : COPY OF THE COMPLAINT BY 7TH RESPONDENT DTD.28.2.2013. P4 : COPY OF THE COMPLAINT DTD.25.2.2013 GIVEN BY THE PETITIONER TO THE 10TH RESPONDENT.

P5 : COPY OF A COMPLAINT DTD.26.2.2013 PREFERRED BY THE PETITIONER BEFORE THE VIGILANCE AND ANTI-CORRUPTION BUREAU. P6 : COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT DTD.27.2.2013.

P7 : COPY OF THE COMMUNICATION DTD.8.3.2013 BY THE 10TH RESPONDENT TO THE 7TH RESPONDENT.

P8 : COPY OF THE MAHAZAR AND REPORT DTD.19.3.2013 PREPARED BY THE RESPONDENT VILLAGE OFFICER.

P9 : COPY OF THE PLAINT IN OS NO.58/2013 BEFORE THE MUNSIFF COURT I KOZHIKODE P10 : COPY OF THE ORDER DATED 03.04.2013 BY THE 1ST RESPONDENT P11 : COPY OF THE COMMUNICATION DATED 02.04.2013