Paristhisthy Samrakshana ... vs The State Of Kerala
2023 Latest Caselaw 3162 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                    WP(C) NO. 18202 OF 2019
PETITIONER/S:

    1      PARISTHISTHY SAMRAKSHANA JANAKEEYA SAMITHY,
           (REG.NO.E.R.527/08), KARUKUTTY P.O., MAMBRA,
           ERNAKULAM DISTRICT - 683 576, REPRESENTED BY ITS
           PATRON P.P.PHILIP.
    2      M.O.PAUL,
           AGED 59 YEARS
           S/O.M.P.OUSEPH, MALIEKKAL HOUSE, MAMBRA,
           KARUKUTTY P.O., PIN - 683 576.
           BY ADV ABDUL JAWAD K.
           ADV GRANCY JOSE A.
RESPONDENT/S:

    1      THE STATE OF KERALA,
           REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
           DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 036.
    2      THE DISTRICT COLLECTOR,
           ERNAKULAM - 682 035.
    3      THE TAHSILDAR,
           ALUVA -683 101.
    4      THE KARUKUTTY GRAMA PANCHAYAT,
           KARUKUTTY P.O., ERNAKULAM DISTRICT - 683576,
           REPRESENTED BY ITS SECRETARY.
    5      THE VILLAGE OFFICER, KARUKUTTY VILLAGE,
           ERNAKULAM DISTRICT - 683 576.
    6      NIXON VARGHESE,
           PARAMBI HOUSE, MAMBRA, KARUKUTTY P.O., ERNAKULAM
           DISTRICT - 683 576.
    7      DEPUTY DIRECTOR OF PANCHAYAT,
           OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT, CIVIL
           STATION, ERNAKULAM, PIN-682 030. ADDL. R7
           IMPLEADED AS PER ORDER DATED 27/08/2019 IN
           IA.4/2019.
 W. P. (C) No. 18202 of 2019
                                   -2-


              BY ADVS.
              SRI.G.SANTHOSH KUMAR (P).
              SRI.V.M.KRISHNAKUMAR
              SRI. V. TEKCHAND, SR. GP.


       THIS     WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    23.03.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 18202 of 2019
                                      -3-




                              JUDGMENT

S. Manikumar, C. J.

Instant writ petition is filed by the petitioners seeking for the

following reliefs:-

"i) To issue a writ of mandamus commanding the respondents 1 to 5 to ensure that the traditional public drain along the property of the 6th respondent is restored to its original position after removing encroachment over the same;

ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to ensure that the illegally constructed septic tank close to the PWD drain and PWD road is demolished and removed from the present location;

ii) To direct the respondents 1 to 3 to ensure that all revenue sketches and plans including Torrens Plan of the property of the 6th respondent and other nearby properties contain specific marks and references of the traditional public drain covered by Ex.P1 and P3;

iv) Pass an order or direction directing the 2 nd respondent to conduct an enquiry into the circumstances under which the discrepancy as to the extent of land was occurred in the possession certificate, issued to the 6th respondent as well as of W. P. (C) No. 18202 of 2019

not properly mentioning about the traditional drain in the Torrens Plan and other revenue plans"

2. On this day, when the matter came up for hearing, Ms. Grancy

Jose A., learned counsel for the petitioners, submitted that the subject

matter of the writ petition has become infructuous.

Placing on record the above submission, the writ petition is

dismissed as infructuous.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

MURALI PURUSHOTHAMAN JUDGE

Eb

///TRUE COPY/// P. A. TO JUDGE