Kerala High Court
Juby Ben vs The District Collector on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 3961 OF 2017 1
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. 3961 OF 2017
PETITIONER/S:
JUBY BEN
AGED 59 YEARS
AGED 59 YEARS, S/O.BEN D'CRUZ, RESIDING AT MAMOOTTIL
HOUSE,UPPUTHARA VILLAGE, UPPUTHARA P.O.,PIN - 685
505.
BY ADVS.
SRI.ALEX.M.SCARIA
SMT.SARITHA THOMAS
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
KUYILIMALA, PAINAVU P.O.,IDUKKI - 685 603.
2 THE TAHSILDAR
TALUK OFFICE, PEERUMEDU P.O.,IDUKKI - 685 531.
3 THE VILLAGE OFFICER
UPPUTHARA VILLAGE, UPPUTHARA P.O.,IDUKKI - 685 505.
4 EXECUTIVE ENGINEER
P.W.D (ROADS DIVISION), PEERMADE,PEERUMEDU P.O.,
IDUKKI - 685 531.
5 THE STATION HOUSE OFFICER
UPPUTHARA, UPPUTHARA P.O.,IDUKKI - 685505.
6 THE UPPUTHARA GRAMA PANCHYATH
REP. BY ITS SECRETARY, UPPUTHARA P.O.,IDUKKI -
685505.
7 MINI ARTS AND SPORTS CLUB 131289
WP(C) NO. 3961 OF 2017 2
UPPUTHARA P.O., REPRESENTED BY ITS
SECRETARYSRI.V.N.RAVI, VELLASERIL HOUSE,UPPUTHARA
P.O., IDUKKI - 685 505.
8 SRI.V.N.RAVI
VELLASERIL HOUSE, UPPUTHARA P.O.,IDUKKI - 685 505.
9 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,P.W.D
DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
10 THE DEPUTY DIRECTOR OF PANCHAYATH
OFFICE OF THE DEPUTY DIRECTOR OF
PANCHAYATH,THODUPUZHA P.O., IDUKKI - 685 558.
11 THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT
DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR REVENUE
SRI.K.JAJU BABU (SR.)
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.K.A.BALAN
SRI.S.DEEPAK
SRI.MOHAMMED ANZAR K.J. SPL.G.P. FOR REVENUE
SRI.K.JAJU BABU SR.
SRI.PETER JOSE CHRISTO
SMT.K.N.REMYA
SMT.N.SANTHA
SRI.V.VARGHESE
SMT.M.U.VIJAYALAKSHMI
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
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. 3961 OF 2017 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 3961 of 2017
--------------------------------------
Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
(I) "Issue a writ of mandamus or any other writ, order or
direction commanding and compelling respondents 1 to 5 to
take appropriate action against the respondents 6 to 8 for
creating Exhibit-P3 and for making illegal construction in
Exhibit-P3 land by encroaching Government land;
(II) Issue a writ of mandamus or any other writ, order or
direction commanding and compelling the 6th respondent to
desist from all construction activities in Exhibit-P3 land without
following the provisions of law;
(III) Issue a writ of certiorari or any other writ, order or
direction to quash Exhibit-P3;
(IV) Issue such other reliefs which this Honourable Court may
deem fit and appropriate in the facts and circumstances of this
case." [sic]
2. When this writ petition came up for consideration, the
learned Counsel appearing for the Panchayat submitted that
the proposal to construct a comfort station in the property is
already dropped by the Panchayat. If that is the case, nothing
survives in this case. If there is any fresh cause of action, the
petitioner is free to agitate the same separately.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 3961/2017
PETITIONER EXHIBITS
P1 TRUE COPY OF THE PLAINT IN OS 202/2016.
P2 TRUE COPY OF THE COMMISSION REPORT PREPARED
IN OS 202/2016.
P3 TRUE COPY OF THE DOCUMENT CREATED BY THE
8TH RESPONDENT IN FAVOUR OF THE 6TH
RESPONDENT IN HIS CAPACITY AS THE SECRETARY
OF THE 7TH RESPONDNET ON 27.8.2016.
P4 TRUE COPY OF THE REPLY DATED 05.8.2016
BEARING NO.3/16 ISSUED BY THE PUBLIC
INFORMATION OFFICER, VILLAGE OFFICE,
UPPUTHARA.
P5 TRUE COPY OF THE PHOTOGRAPHS OF THE TOILET
COMPLEX WHICH IS JUST 25 MTRS AWAY FROM
EXHIBIT P3 CITE.
P6 TRUE COPY OF THE NOTICE INVITING TENDER
ISSUED BY THE 6TH RESPONDENT, BEARING NO.
3/A3/LSGD/UPA/16-17 DTED 22.12.2016.
P7 TRUE COPY OF THE REPRESENTATION DATED
12.1.2017 FILED BEFORE THE 10TH RESPONDENT.
P8 TRUE COPY OF THE REPRESENTATION DATED
12.1.2017 BEFORE THE 1ST RESPONDENT.
P9 TRUE COPY OF THE REPRESENTATION DATED
03.2.2017 FILED BEFORE THE 5TH RESPONDENT.
P10 TRUE COPY OF THE LETTER DATED 07.4.2000
BEARING NO. AB2-357/1999 ISSUED BY THE
ASSISTANT EXECUTIVE ENGINEER, P.W.D (ROADS
SUB DIVISION), PEERUMADE.
P11 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
PRESENT CONDITION OF EXHIBIT P3 LAND TO DO
THE ACTIVITIES OF CONSTRUCTION OF PUBLIC
TOILET.
