Kerala High Court
Bilal Rahman vs The District Collector on 12 April, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15872 OF 2024
PETITIONER/S:
1 BILAL RAHMAN
AGED 34 YEARS
S/O MUMTHAJ, NEW COLONY, MUNNAR,
IDUKKI DISTRICT, PIN - 685612
2 DURAI RAJ
AGED 66 YEARS
S/O RAJAI, LAKSHAM COLONY, MUNNAR,
IDUKKI DISTRICT, PIN - 685612
3 KALIDAS
AGED 57 YEARS
S/O KALIMUTHU, NEW COLONY, MUNNAR, PIN - 685612
4 SELVARAJ
AGED 66 YEARS
S/O CHENKENI, LAKSHAM COLONY, MUNNAR, PIN - 685612
5 KARPAGALAKSHMI
AGED 42 YEARS
W/O LATE SHANMUGHAM, X/1123, IKKA NAGAR, MUNNAR,
PIN - 685612
6 KARUPPASWAMY
AGED 48 YEARS
S/O CHELLAYYA, X/1125, RAJIV GANDHI COLONY,
MUNNAR, PIN - 685612
7 GANESAN
AGED 64 YEARS
S/O ALAGASWAMY, X/698, M G COLONY MUNNAR,
PIN - 685612
8 K.H. HARIS
AGED 51 YEARS
S/O HANEEFA RAWTHR, PUTHIRANKAVIL HOUSE
NEW COLONY MUNNAR, PIN - 685612
BY ADVS.
A.A.SHIBI
MANJUSHA K.U.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KUYILIMALA,
WP(C)No.15872 of 2024
2
IDUKKI DISTRICT, PIN - 685602
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE,
DEVIKULAM, IDUKKI DISTRICT, PIN - 685613
3 THAHSILDAR
THALUK OFFICE, DEVIKULAM,
IDUKKI DISTRICT, PIN - 685613
4 THE MUNNAR GRAMAPANCHAYATH
REPRESENTED BY ITS SECRETARY,
PANCHAYAT OFFICE, MUNNAR,
IDUKKI DISTRICT, PIN - 685612
5 TATA GLOBAL BEVERAGES LTD(ERSTWHILE TATA TEA LTD.)
REPRESENTED BY ITS CHIEF MANAGER REGIONAL OFFICE,
G.H. COMPOUND MUNNAR,
PIN - 685612
6 SAIFUDHEEN KICHLU
AGED 60 YEARS
S/O G.K. ISMAIL JASMINE STORES MGP X/152 MARKET
ROAD MUNNAR DAILY MARKET MUNNAR,
PIN - 685612
7 BABY RANI
AGED 43 YEARS
W/O VIJAYAKUMAR LULU KIDS MGP X/152 MARKET ROAD
MUNNAR DAILY MARKET MUNNAR,
PIN - 685612
8 S M A SHAMEER AHAMMED
AGED 55 YEARS
S/O ABDUL HAMEED SHAFA TRADERS MGP X/150 MARKET
ROAD MUNNAR DAILY MARKET MUNNAR,
PIN - 685612
9 S M A AMEER AHAMMED ASLAM
AGED 65 YEARS
S/O ABDUL HAMEED S M A TRADERS MGP X/151 MARKET
ROAD MUNNAR DAILY MARKET MUNNAR,
PIN - 685612
10 VIGNESH PRABHU
AGED 46 YEARS
S/O CHANDRA VADIVEL SREEDEVI STORES MGP X/146
MARKET ROAD MUNNAR DAILY MARKET MUNNAR,
PIN - 685612
11 SENTHIL PRASAD RATHINAM
AGED 36 YEARS
S/O V N RATHINAM SHAKTHI TRADERS
MGP X/143 MARKET ROAD MUNNAR DAILY MARKET MUNNAR,
PIN - 685612
WP(C)No.15872 of 2024
3
12 G. KANAKARAJ
AGED 63 YEARS
S/O PAPPA GURUSWAMY SREE AYYAPPA TRADERS MGP X/156
MARKET ROAD MUNNAR DAILY MARKET MUNNAR,
PIN - 685612
BY SRI.JAFARKHAN Y, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.15872 of 2024
4
JUDGMENT
A.Muhamed Mustaque, J.
The petitioners are small vendors in Munnar.
They raised a complaint that party respondents and others
have encroached upon the Government land and they are
undertaking constructions. The petitioners' case is that the
land is vested with the local authority. It appears that KDH
company also appears to have raised a claim over the land.
2. Having considered the facts and
circumstances of the case, we are of the view that the
second respondent-the Revenue Divisional Officer shall
conduct an enquiry, after issuing notice to all the affected
parties including the party respondents and the petitioners.
On enquiry, if it is found that the land is vested with the
local authority or the Government, necessary action shall
be taken in accordance with the law to remove the
encroachment. It is made clear that without hearing all the
affected parties, no orders shall be passed. The local
authority shall also be heard in the matter. Needful shall be
done within a period of four months. If there is any
encroachment on the river puramboke land also, necessary
action shall be taken to remove such encroachment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
M.A.ABDUL HAKHIM
JUDGE
rkj
APPENDIX OF WP(C) 15872/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT OF FLOOR RENT
GIVEN BY THE 5TH RESPONDENT TO
PETITIONERS
Exhibit P2 THE LAND TAX RECEIPT IN THE NAME OF 6TH
RESPONDENT
Exhibit P3 THE TRUE COPY OF BUILDING TAX RECEIPT
ISSUED BY 4TH RESPONDENT IN THE NAME OF
6TH RESPONDENT DATED 19.10.2023
Exhibit P4 A TRUE COPY OF LICENCE ISSUED BY THE 4TH
RESPONDENT TO THE 7TH RESPONDENT DATED
07.08.2023
Exhibit P5 THE RELEVANT PAGES OF THE CAUSE TITLE OF
THE WPC NO. 8839 OF 2024 FILED BY THE
NINTH RESPONDENT ALONG WITH OTHER
RESPONDENTS
Exhibit P6 THE TRUE COPY OF TRADE LICENCE ISSUED BY
THE 4TH RESPONDENT IN THE NAME OF THE
NINTH RESPONDENT'S BROTHER NAME
Exhibit P7 A TRUE COPY OF TRADE LICENCE ISSUED IN
THE NAME OF TENTH RESPONDENT
Exhibit P8 TRUE COPY OF THE LAND TAX RECEIPT ISSUED
IN THE NAME OF ELEVENTH RESPONDENT
Exhibit P9 TRUE COPY OF INFORMATION OBTAINED UNDER
RTI ACT
Exhibit P10 TRUE PHOTOGRAPH OF CLOSED PATHWAY
Exhibit P11 TRUE COPY OF THE PHOTOGRAPH OF
ENCROACHMENT IN THE RIVER PURAMBOKE
Exhibit P12 TRUE COPY OF THE PHOTOGRAPH OF
ENCROACHMENT IN THE RIVER PURAMBOKE
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED
04.12.2023 IN WPC NO. 16740 OF 2023
Exhibit P14 TRUE COPY OF COMPLAINT SEND BY THE
PETITIONERS DATED 05.04.2024 TO THE 1ST
RESPONDENT
Exhibit P15 TRUE COPY OF COMPLAINT SUBMITTED BY THE
PETITIONERS DATED 05.04.2024 TO THE 2ND
RESPONDENT
Exhibit P16 TRUE COPY OF COMPLAINT SUBMITTED BY THE
PETITIONERS DATED 05.04.2024 TO THE 3RD
RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT
RECEIPT
Exhibit P17 TRUE COPY OF COMPLAINT SEND BY THE
PETITIONERS DATED 05.04.2024 TO THE 4TH
RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT
RECEIPT
