Sarasamma M.P vs The Managing Director, Kerala ...
2023 Latest Caselaw 7670 Ker

Citation : 2023 Latest Caselaw 7670 Ker
Judgement Date : 14 July, 2023

Kerala High Court

Sarasamma M.P vs The Managing Director, Kerala ... on 14 July, 2023

WP(C) NO. 3359 OF 2023            1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                         WP(C) NO. 3359 OF 2023
PETITIONER/S:
          SARASAMMA M.P
          AGED 63 YEARS
          D/O. THALI, KATALIKUNNIL , PUTHEN VEEDU, KAIPUZHA
          NORTH, KULANADA P.O., PATHANAMTHITTA DISTRICT,, PIN
          - 689503

               BY ADVS.
               B.KRISHNA KUMAR
               A.CHANDRA BABU


RESPONDENT/S:
     1    THE MANAGING DIRECTOR, KERALA WATER AUTHORITY (KWA)
          HEAD OFFICE, THIRUVANANTHAPURAM., PIN - 695014

      2        THE DISTRICT COLLECTOR
               COLLECTORATE, PATHANAMTHITTA P.O., PATHANAMTHITTA
               DISTRICT, PIN - 689645

      3        THE EXECUTIVE ENGINEER
               KERALA WATER AUTHORITY, KWA DIVISION OFFICE,
               PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT,, PIN -
               689645

      4        THE ASSISTANT ENGINEER
               SECTION OFFICE, KWA, PATHANAMTHITTA P.O.,
               PTHANAMTHITTA DISTRICT, PIN - 689645

      5        THE VILLAGE OFFICER
               KULANADA VILLAGE OFFICE, KULANADA P.O.,
               PATHANAMTHITTA DISTRICT,, PIN - 689503

      6        THE PANCHAYAT SECRETARY
               KULANADA GRAMA PANCHAYAT OFFICE, KULANADA P.O.,
 WP(C) NO. 3359 OF 2023            2




               PATHANAMTHITTA DISTRICT, PIN - 689503

               SRI.B.SYAMANTAK, GP
               SRI.GEORGE JOHHNY, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3359 OF 2023                3




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C.) No.3359 of 2023
                     --------------------------------------
                 Dated this the 14th day of July, 2023


                                JUDGMENT

The above writ petition is filed with following prayers :

a) "to issue a writ of Mandamus or any other appropriate writ or order or direction directing the respondents not to trespass upon the 33 cents of land comprised in block No.7, Re. survey 77/3 (old survey No. 201/1L) of Kulanada Village. Kozhencherry Taluk, Pathanamthitta District owned and possessed by the petitioner by virtue of Exhibit Pl gift deed.

b) Issue a Writ of Mandamus or other appropriate Writs, Orders or direction to the respondents not to trespass upon the Ext-P1/33cents of land under the absolute ownership of the petitioner and commit waste therein without due process of law.

c) To issue necessary orders to dispense the petitioner from producing the English translation of the documents produced in Malayalam Exhibits.

d) Any other appropriate relief to the petitioner as this hon'ble court may deem fit and proper in the interest of justice.

      e)     cost of the petition."[SIC]





       2.     The        main   grievance   of   the   petitioner   is   that

respondents are trespassing upon 33 cents of land comprised

in block No.7, R.Sy. No. 77/3, (old survey No.201/IL) lies in

Kulanada Village Kozhencherry Taluk, Pathanamthitta which is

owned by the petitioner by virtue of Ext.P1 gift deed. When

this writ petition came up for consideration, this Court

directed the Water Authority to get instructions. The Standing

Counsel appearing for the Water Authority produced a

proceedings of the District Collector by which the property is

handed over to the Water Authority. The counsel for the

petitioner submitted that the petitioner has no information

about such a proceedings and he has not gave consent for

transferring the property to the Water Authority. If that is the

case, the petitioner can submit a representation before the 2 nd

respondent narrating the grievance raised in this writ petition

and there can be a direction to the 2 nd respondent to consider

the same with notice to the petitioner and the Water Authority

authorities.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioner is free to submit a representation before

the 2nd respondent narrating the grievance raised in this

writ petition within three weeks from the date of receipt

of a certified copy of this judgment.

2) Once such a representation is received, the 2 nd

respondent will consider the same and pass appropriate

orders after giving an opportunity of hearing to the

petitioner and a representative of Water Authority as

expeditiously as possible, at any rate, within two months

from the date of receipt of a certified copy of this

judgment.