Sobhanakumari vs State Of Kerala, Represented By ...
2023 Latest Caselaw 10774 Ker

WP(C) NO. 24575 OF 2023
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                        WP(C) NO. 24575 OF 2023
PETITIONER/S:

          SOBHANAKUMARI
          AGED 64 YEARS
          W/O PEETHAMBARAN NAIR, RESIDING AT 'SWATHI', PERINGARA
          VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN -
          689108
          BY ADVS.
          P.HARIDAS
          BIJU HARIHARAN
          SHIJIMOL M.MATHEW
          P.C.SHIJIN
          RISHIKESH HARIDAS
          RAJASREE T.R.
          ROSHIN MARIAM JACOB


RESPONDENT/S:

    1     STATE OF KERALA, REPRESENTED BY SECRETARY
          TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN -
          695001
    2     DISTRICT COLLECTOR
          PATHANAMTHITTA, COLLECTORATE, PATHANAMTHITTA,, PIN -
          689645
    3     REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR
          THIRUVALLA, OFFICE OF THE RDO THIRUVALLA, PALIKARA
          ROAD, THIRUVALLA, KERALA, PIN - 689101
    4     TAHSILDAR (L.R.)
          THIRUVALLA TALUK, TALUK OFFICE, THIRUVALLA, PIN -
          689101
    5     VILLAGE OFFICER
 WP(C) NO. 24575 OF 2023
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          PERINGARA VILLAGE OFFICE, THIRUVALLA, PATHANAMTHITTA
          DISTRICT,, PIN - 689108
OTHER PRESENT:

          SR.GP.DEEPA.N


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24575 OF 2023
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                     BECHU KURIAN THOMAS, J.
               ========================
                      W.P.(C)No.24575 of 2023
               ------------------------------------------------
                      Dated this the 19th day of October 2023

                                 JUDGMENT

Petitioner alleges that her property, situated in Re.Survey

No.715/21 and 71510 of Block No.6 of Peringara Village is a dry

land. Since the said property was lying on a lower level from the

adjecent land, she attempted to fill the property and the Village

Officer orally directed the petitioner to stop such activities. Hence

this writ petition is filed seeking for a direction not to interdict the

petitioner from raising the height of her property.

2. The learned Government Pleader upon instructions

submitted that petitioner's property is not a paddy land nor a

puramboke. It was further submitted that though a complaint was

received regarding encroachment by the petitioner into puramboke

land, on enquiry and verification by the Taluk Surveyor, it was

realised that the property was not a puramboke, and hence no

action has been initiated by the Village Officer and that the WP(C) NO. 24575 OF 2023

apprehension of the petitioner is without any basis.

3. In view of the above submission of the learned

Government Pleader, which is the reliefs claimed for have become

infructuous.

This writ petition is disposed of as infructuous.

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 24575 OF 2023

APPENDIX OF WP(C) 24575/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.

2659/1990 DATED 30.11.1990 Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

23101/2020 DATED 03.02.2021 OF THIS HON'BLE COURT Exhibit P3 TRUE COPY OF THE ORDER OF 4TH RESPONDENT NO.B16-6162/2018/D.DIS DATED 12.04.2021 Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT NO.KL03051002476/2023 DATED 26.05.2023 ISSUED BY THE 5TH RESPONDENT