Brijith B vs State Of Kerala Represented By ...
2023 Latest Caselaw 7151 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                        WP(C) NO. 17761 OF 2023
PETITIONER/S:

           BRIJITH B.
           AGED 43 YEARS
           S/O BHOODESAN, THENGAMVILA PUTHENVEEDU, AALINERA MURI,
           AYIROOPARA VILLAGE, THIRUVANANTAPURAM., PIN - 695584
           BY ADVS.
           K.S.HARIHARAPUTHRAN
           PINKU MARIAM JOSE
           ANIL KUMAR T.P.


RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY
           DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM., PIN - 695001
    2      TAHSILDAR
           THIRUVANANTHAPURAM TALUK, TALUK OFFICE.,
           THIRUVANANTHAPURAM, PIN - 695001
    3      VILLAGE OFFICER
           ULIYAZHATHURA VILLAGE, VILLAGE OFFICE,
           ULIYAZHATHURA THIRUVANANTHAPURAM TALUK.,
           PIN - 695584
           BY ADV GOVERNMENT PLEADER




           SMT. PREETHA K K (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.17761 of 2023

                                             2



                                  JUDGMENT

The petitioner is an absolute owner in possession of

an extent of property covered by Ext.P1 document. The

petitioner obtained a building permit from the

Thiruvananthapuram Corporation for construction of a

commercial cum residential building. The petitioner has now

been served with Ext.P3 notice dated 22.05.2023 by the

Village Officer in charge of Uliyazhathura Village Office

stating that since the property of the petitioner adjoins

Government property, the construction activities undertaken

by the petitioner may be stopped till the property of the

Government is measured and identified.

2. The learned Government Pleader, on

instructions, would submit that steps have been taken to

measure and identify the Government property and the

process will be completed within a period of three weeks from

today.

WPC No.17761 of 2023

Having heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for

the respondents, I am of the view that the identification and

measurement of the Government property, which has stated

to be adjacent to the property belonging to the petitioner,

need not be a ground to direct the petitioner to stop all

construction activities in his property. The survey,

measurement and demarcation of the Government property

shall be completed within a period of three weeks. The

petitioner will be permitted to continue with the construction

activities, subject to the condition that, if it is ultimately found

that the petitioner has encroached into the Government

property in any manner, the petitioner will be liable to face

action for the same.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC No.17761 of 2023

APPENDIX OF WP(C) 17761/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT NO.KL01012509766/2022 DATED 08-06-2022, ISSUED BY THE VILLAGE OFFICER, ULIYAZHATHURA, TO THE PETITIONER Exhibit P2 TRUE COPY OF THE PERMIT FILE NO.BA/1003/19991/2023 DATED 16-05-2023 ISSUED BY THE THIRUVANANTHAPURAM CORPORATION Exhibit P3 TRUE COPY OF THE NOTICE NO.1680/2023 DATED 22.05-2023, ISSUED BY THE 3RD RESPONDENT TO THE PETIITONER