Kerala High Court
Kerala Nadi Samrakshana Samathi vs The State Of Kerala on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
IA.NO.1/2023 IN WP(C) NO. 13213 OF 2016(S)
APPLICANTS/RESPONDENTS 1 TO 4 IN WPC:
1. THE SECRETARY TO REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA-684 540.
3. THE DEPUTY DIRECTOR OF SURVEY, OFFICE OF THE DEPUTY DIRECTOR OF
SURVEY, COLLECTORATE, PATHANAMTHITTA-684 540.
4. THE DIRECTOR OF SURVEY AND LAND RECORDS, VAZHUTHAKKAD P.O.,
THIRUVANANTHAPURAM-695 001.
RESPONDENTS/PETITIONER AND RESPONDENTS 5 & 6 IN WPC:
1. KERALA NADI SAMRAKSHANA SAMATHI, REGISTER NO.1052/99, OFFICE AT
BHANUPRIYA, HIGH ROAD, ALUVA, REPRESENTED BY ITS VICE PRESIDENT,
V.N.GOPINATHAN PILLAI, AGED 73, S/O.NARAYANA PILLAI,
VALIYATHOTTATHIL HOUSE, KOTTANGAL P.O., CHUNGAPPARA,
PATHANAMTHITTA DISTRICT-684 547.
2. THE SECRETARY, KOTTANGAL GRAMA PANCHAYATH, KULLATHOOR P.O.,
PATHANAMTHITTA DISTRICT-684 548.
3. THE KOTTANGAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,
KULLATHOOR P.O., PATHANAMTHITTA DISTRICT-684 548.(ADDITIONAL
RESPONDENT NOS.5 AND 6 VIDE ORDER DATED 06.07.2017 IN IA
7960/2017)
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
limit prescribed in the judgment dated 20/01/2021 in WP(C).NO.13213/2016
for a further period of 4 months from 19/11/2022.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this Court's judgment dated
20/01/2021 and upon hearing the arguments of GOVERNMENT PLEADER for the
petitioners in IA/R1 to R4 in WPC, SRI.V.N.GOPINATHAN PILLAI (PARTY IN
PERSON) for R1 in IA/petitioner in WPC and of SRI.S.JUSTUS, Advocate for
R2 & R3 in IA/R5 & R6 in WPC, the court passed the following:
P.T.O.
APPENDIX OF WP(C) 13213/2016
TRUE COPY OF THE LIST OF 153 ENCROACHMENTS IN OORUKUZHI THODU IN KOTTANGAL
ANNEXURE R2(C)
VILLAGE IN MALLAPPALLY TALUK.
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
===============================================
I. A. Nos. 1 & 2 of 2023
in
W. P. (C) No. 13213 of 2016
===============================================
Dated this the 30th day of March, 2023
ORDER
S. Manikumar, C. J.
I. A. No. 1 of 2023 has been filed for extension of time limit
prescribed in the judgment dated 20.01.2021 in W. P. (C) No. 13213 of
2016 for a further period of four months from 19.11.2022.
2. I. A. No. 2 of 2023 has been filed to accept Annexure R2(c)
document, which is the list of persons, who have encroached the
Oorukuzhi Thode.
3. Reasons assigned in the supporting affidavit are as under:-
"2. It is submitted that The Honourable High Court of
Kerala as per judgment in Cont. Case (C) No. 964/2022 in
WP(C) No. 13213/2016 dated 23.08.2022 directed the District
Collector, Pathanamthitta to take appropriate steps for the
removal of alleged encroachments identified within a period of
two months from the date of receipt of a copy of the Judgment.
3. It is humbly submitted that the Tahsildar (LR),
Mallapally has reported that field survey has been completed in
W. P. (C) No. 13213 of 2016
Resurvey numbers 110, 111, 115, 116, 119, 135, 136, 139, 236,
241, 242, 243, 247, 248, 252, 253, 267, 269, 271, 423, 424, 425
in block number 33 of Kottangal Village in Mallappally Taluk
and 153 encroachments have been Identified and LC cases have
been registered in all these encroachments and procedures are
undergoing as per Kerala Land Conservancy Act, 1957 and
Kerala Land Conservancy Rules, 1958. 'B Form' notice as per
Kerala Land Conservancy Rules, 1958 has been issued in 52
cases and the same is under process in the remaining 101 cases.
True copy of the list of 153 encroachments in Oorukuzhi Thodu
in Kottangal Village in Mallappally Taluk. Pathanamthitta
District is produced herewith and marked as Annexure R2(c).
4. It is most humbly submitted that the Secretary,
Kottangal Grama Panchayat has reported that they have given
notice to all the encroachers as per Kerala Panchayat Raj Act,
1994 and The Kerala Panchayat Raj (Removal of encroachment
and imposition and recovery of penalty for unauthorised
occupation) Rules, 1996. It is also reported that they have
received 37 objections from the persons who received the notice.
In order to dispose of all these objections, all the concerned
persons have to be heard and Secretary, Kottangal Grama
Panchayat has requested three months time for the settlement of
all the objections and to complete the eviction of all the
encroachments related to 'Oorukuzhi thodu' in Kottangal village
in Mallapally Taluk.
5. In the above circumstances, it is humbly requested that
to dispose the entire objections after completing the hearing
W. P. (C) No. 13213 of 2016
processes a further period of three months time is required for
complete the eviction of all the encroachments as directed in the
judgment dated 20/01/2021 of this Hon'ble Court in WP(C)
13213/2016.
6. Therefore, this affidavit and separate petitions for
extension for a further period of 4 months as the time limit
ordered in WPC 13213/16 by vide order I. A. No. 1 of 2022
dated 23.08.2022 has ended on 19.11.2022. The extension
application ought to have been filed on or before 19.11.2022. but
due to the reasons stated above and the progress of the Survey
and eviction was not able to streamline in time due to the
administrative exigencies. The delay in filing the extension
application is not willful laches or negligence.
7. In the above circumstances it is humbly prayed that
this Hon'ble Court may be pleased to extend the time stipulated
for complying with the judgment dated 20.01.2021 in WP(C)No.
13213/2016 and the subsequent order in I.A.No.1 of 2022 dated
23.08.2022 for a period of 4 months from the date of this petition
in the interest of Justice."
4. I. A. Nos. 1 and 2 of 2023 are ordered.
5. Time limit prescribed in the judgment dated 20.01.2021 in W.
P. (C) No. 13213 of 2016, is extended for a further period of four
months from 19.11.2022.
6. Registry is directed to take on record Annexure R2(c)
W. P. (C) No. 13213 of 2016
document in the writ petition.
It is made clear that the directions issued earlier in the judgment
dated 20.01.2021 in W. P. (C) No. 13213 of 2016, have to be complied
with in letter and spirit, within the time limit extended today.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
30-03-2023 /True Copy/ Assistant Registrar
