Kerala High Court
Mani vs The District Collector, Ernakulam on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 24565 OF 2017
PETITIONER:
MANI
AGED 57 YEARS, S/O. KOCHAPPAN,
VATTATHARA HOUSE, NAYARAMBALAM P.O.,
KERALA, ERNAKULAM-682509.
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI.
3 THE TAHSILDAR
KOCHI TALUK, KOCHI.
4 THE VILLAGE OFFICER
NAYARAMBALAM VILLAGE, NAYARAMBALAM.
5 RAJALAKSHMI
AGED 52 YEARS, W/O. PRATHAPKUMAR,
KATTOOR HOUSE, 120BM4A,
BALAKRISHNA MENON ROAD, EDAPALLY.
BY ADVS.SRI.RIYAL DEVASSY, GP
SRI.SREEJITH S.NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.24565/2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.24565 of 2017
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Dated this the 11th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue writ of mandamus or any other appropriate
writ order or direction and thereby direct the
respondents 1 to 4 to take speedy and effective
steps to liberate 2 cents of puramboke land falling
in resurvey number 57/10 of Nayarambalam
village from the illegal possession of the 5th
respondent.
ii. Issue writ of mandamus or any other appropriate
writ order or direction and thereby direct the
respondents 1 to 4 to consider and pass
appropriate orders in Exhibit P5 representation
within a time frame fixed by this court.
iii. Grant such other reliefs which are suit and
necessary in the interest of justice.
(SIC)
2. Petitioner is the owner of the property covered by
Ext.P1 and the 5th respondent is the owner of the property
covered by Ext.P2 is the submission. According to the
petitioner, property of the 5th respondent is situated on the
northern side of his property. It is submitted that there is a
strip of puramboke land lying in Re-Survey No.57/10, in Block
No.7 of Nayarambalam Village situated in touch with the north
western side of Ext.P2 property. Ext.P3 is the basic tax
register. According to the petitioner, the said puramboke land
is having an extent of about 8.05 ares. It is submitted that the
5th respondent, illegally trespassed into two cents of
puramboke land and reduced the same into her possession.
The 5th respondent has constructed a compound wall enclosing
two cents of puramboke land is the grievance of the petitioner.
The said fact was evidenced from Ext.P4 is the submission. As
there was no action, the petitioner submitted Ext.P5 to
respondents 1 to 4 and requested to take immediate and
effective action to evict the 5th respondent from the
puramboke land. The same is not considered is the grievance.
Hence this writ petition.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader. I also heard the learned
counsel appearing for the 5th respondent.
4. The counsel for the 5th respondent submitted that
there were two suits filed by both parties as O.S.No.421/2015
and O.S.No.43/2023 before the Munsiff's Court, Kochi. It is
further submitted that O.S.No.421/2015 is decreed in favour of
the 5th respondent and an appeal is pending before the Sub
Court, Kochi. The counsel for the petitioner submitted that
the survey plan produced in O.S.No.421/2015 would show that
there is puramboke land which is marked as 'F' in the survey
plan. The counsel for the 5th respondent submitted that there
is no encroachment of puramboke land and there is a decree
in favour of the 5th respondent.
5. I do not want to make any observation about the
same. If there is any encroachment to the puramboke land
which is not covered by the decree passed by the civil court,
the 3rd respondent will do the needful in accordance with law,
with notice to the petitioner and the 5 th respondent. To
facilitate the 3rd respondent to consider the matter, the
petitioner can file a representation before the 3rd respondent.
Therefore, this writ petition is disposed of with following
directions:
1. The petitioner is free to file a
representation before the 3rd
respondent narrating his surviving
grievance, within three weeks from the
date of receipt of a certified copy of this
judgment.
2. Once such a representation is received,
the 3rd respondent will consider the
same and pass appropriate orders in it,
after affording an opportunity of
hearing to the petitioner and the 5 th
respondent, as expeditiously as
possible, at any rate, within three
months from the date of receipt of the
representation.
3. The petitioner and the 5th respondent
are free to produce additional
documents also before the 3rd
respondent.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 24565/2017
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE REGISTERED CORRECTED
SALE DEED BEARING NO. 1703/1996
EXHIBIT-P2 TRUE COPY OF THE DOCUMENT BEARING NO.
2623/200 KOCHI SRO
EXHIBIT-P3 TRUE COPY OF THE BASIC TAX REGISTER IN
RESPECT OF THE SAID PURAMBOKE LAND
EXHIBIT-P4 TRUE COPY OF THE LETTER ISSUED BY THE
4TH RESPONDENT
EXHIBIT-P5 TRUE COPY OF THE COMPLAINT SUBMITTED
TO RESPONDENTS 1 TO 4 BY THE
PETITIONER.
