Manojkumar M.G vs The District Collector, ...
2023 Latest Caselaw 11763 Ker

W.P.(C).No.33412 of 2022       1


          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
                             1945
                    WP(C) NO. 33412 OF 2022
PETITIONER:

          MANOJKUMAR M.G.,AGED 52 YEARS,S/O. P.K.
          GOPALAKRISHNAN NAIR, AMULYA, /ERAMALLUR P.O,
          EZHUPUNNA,ALAPPUZHA DISTRICT, PIN - 688537

          BY ADV P.ABANI


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, ALAPPUZHA,FIRST FLOOR,
          COLLECTORATE, ALAPPUZHA, PIN - 688001

    2     THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA,REVENUE
          DIVISIONAL OFFICE,OPPOSITE DISTRICT COURT
          COMPLEX, THONDANKULANGARA, ALAPPUZHA, PIN -
          688013

    3     THE TAHASILDAR (LR), ALAPPUZHA,OFFICE OF THE
          TAHASILDATR, ALAPPUZHA, PIN - 688001

    4     THE VILLAGE OFFICER, EZHUPUNNA,THURAVUR,
          ALAPPUZHA, PIN - 688537

    5     THE STATION HOUSE OFFICER, AROOR POLICE
          STATION,CHANDIROOR CO-OPERATIVE BANK BUILDING ,
          CHERTHALA , ALAPPUZHA, PIN - 688534

    6     PONNAPPAN,S/O.KRISHNAN RAVATHY
          NILAYAM,ERAMALLUR,EZHUPUNNA VILLAGE, ALAPPUZHA
          DISTRICT, PIN - 688537

    7     K. SIVADASAN NAIR,S/O. PARAMESWARA PILLAI,
          ELLATHU PUTHENVEETTIL, ERAMALLUR RESIDING AT
          VERONICA REGENCY 12/702, KALYAN SHELL ROAD,
          DOMBIVILI EAST, KALYAN, THANE ,MAHARASHTRA, PIN -
 W.P.(C).No.33412 of 2022      2

          41103

          BY ADVS.
          R.KRISHNA RAJ
          E.S.SONI
          KUMARI SANGEETHA S.NAIR
          RESMI A.


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.33412 of 2022                3

                     VIJU ABRAHAM,J
                 -----------------------
                W.P.(C).No.33412 of 2022
            ---------------------------------
        Dated this the 16th day of November, 2023

                                 JUDGMENT

Petitioner has approached this Court seeking a

direction to the respondents to take necessary

steps to remove the illegal construction

undertaken by the 6th and 7th respondents.

Petitioner submits that he is residing adjacent to

a paddy land comprised in Survey No.224/2B of

Eramallur Village, Ezhupunna Panchayath, Cherthala

Taluk. His further contention is that respondents

6 and 7 purchased paddy land in Survey No.224/2B

Thandaper No.20302 in Eramallur Village, Ezhupunna

Panchayath, Cherthala Taluk and is attempting to

construct a 4 feet private road through the middle

of the paddy field. Petitioner has produced Ext.P1

series of photographs to substantiate his

contention. Ext.P2 complaint was preferred before

the 4th respondent, who in turn issued Ext.P3 stop

memo. The case of the petitioner is that violating

Ext.P3, respondents 6 and 7 again started illegal

construction of the road and thereupon they

preferred Ext.P4 complaint before the 2nd

respondent.

2. A counter affidavit has been filed by

respondent Nos. 6 and 7, wherein they contend that

there is no paddy cultivation for more than 50

years in the property and what they have

undertaken is only increasing the width of the

varambu to 4 feet. Though objections were raised,

the issue was settled on the basis of an agreement

executed as Ext.R6(a).

3. Any way proceedings have been initiated, as

is evident from Ext.P3, which has to be finalised

after hearing respondent Nos. 6 and 7 also.

Therefore, the above writ petition is disposed of

with a direction to the 4th respondent to finalise

the proceedings initiated as per Ext.P3 after

affording an opportunity of being heard to the

petitioner as well as respondent Nos. 6 and 7. If

the 4th respondent in the said proceedings come to

a conclusion that the paddy land/wet land is being

filled up, the same shall be forwarded to the 1st

respondent, who shall take necessary proceedings

in accordance with law, after affording an

opportunity of being heard to the petitioner as

well as respondent Nos.6 and 7. The 4 th respondent

shall finalise the proceedings within an outer

limit of one month from the date of receipt of a

copy of this judgment. Till proceedings are

finalised, interim order granted by this Court

will continue.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 33412/2022

PETITIONER'S EXHIBITS

ExhibitP1 . THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE ILLEGAL CONSTRUCTION OF THE PRIVATE ROAD BY THE 6TH AND 7TH RESPONDENT

ExhibitP2 THE TRUE COMPLAINT SUBMITTED BEFORE VILLAGE OFFICER, EZHUPUNNA ON 1/5/2022

Exhibit P3 THE TRUE COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DATED 2/5/2022

Exhibit P4 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 7/5/2022

RESPONDENT EXHIBITS

Exhibit R6(a) True Copy of the agreement entered into between the petitioner and respondents dated 16.05.2022

Exhibit R6(b) True Copy of the photographs dated nil