Kunjikunju vs District Collector
2024 Latest Caselaw 9620 Ker

Kerala High Court

Kunjikunju vs District Collector on 4 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 26408 OF 2017            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                          WP(C) NO. 26408 OF 2017
PETITIONER/S:

               KUNJIKUNJU
               S/O.PHILIPPOSE, AGED 55, MERINA HOUSE, MELILA,
               KOTTARAKKARA, KOLLAM.

               BY ADV SRI.ANIMON A. JOHN



RESPONDENT/S:

      1        DISTRICT COLLECTOR
               COLLECTORATE, KOLLAM-691013.

      2        ADDITIONAL TAHASILDAR
               TALUK OFFICE, KOTTARAKKARA, KOLLAM-691014.

      3        KUNJUMON
               PARAVILA PUTHEN VEEDU, MELILA P.O., KOTTARAKKARA,
               KOLLAM-691014.

               BY ADVS.
               GOVERNMENT PLEADER
               SRI.ALEXANDER GEORGE-R3


OTHER PRESENT:
          SRI.B.S.SYAMANTAK, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26408 OF 2017               2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C.) No. 26408 of 2017
                    --------------------------------------
              Dated this the 4th day of April, 2024


                                JUDGMENT

The above writ petition is filed with following prayers :

i) "Issue a writ Mandamus directing the respondents to conclude the proceedings initiated in B2 13039/2015 as per law and within a time frame

ii) Issue a writ of mandamus directing the respondents to enforce the Exhibit P8 order issued by the 2nd respondent to the Village officer Melila Village.

iii) Issue a writ of Certiorari quashing the Exhibit P9 order issued by the 2nd respondent.

iv) A-Issue a writ of the Certiorari quashing Exhibit P10 order and direct the 2nd respondent to rehear the proceedings B2 13039/2015 as per law and by considering the averments in the Exhibit P7 reply And

v) Grant such other and further reliefs, as this Hon'ble Court may deem fit and proper under the given facts and circumstances of this case." [sic]

2. The prayer in this writ petition is against the alleged

encroachment of Government land by cutting of the access to

the petitioner. The counsel who filed the writ petition

submitted that he has relinquished vakalath. There is no

representation for the petitioner also. This writ petition need

not be retained here. No interim order is passed in this case.

Hence, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 26408/2017

PETITIONER EXHIBITS

EXHIBIT P1- THE TRUE COPY OF THE SAID PATTAYAM BEARING NO.210/60 DATED 20/1/66 OF TAHASILDAR, KOTTARAKKARA.

EXHIBIT P2- THE TRUE COPY OF THE RELEVANT PAGE OF THE THANDAPER REGISTER IN THE NAME OF CHADAYAN NARAYANAN.

EXHIBIT P3- THE TRUE COPY OF THE RECEIPT DATED 09/04/2015 ISSUED WHILE SUBMITTING THE COMPLAINT BEFORE THE CHIEF MINISTER OF KERALA.

EXHIBIT P4- THE TRUE COPY OF THE CERTIFICATE DATED 30/05/2015 ISSUED BY THE VILLAGE OFFICER, MELILA.

EXHIBIT P5- THE TRUE COPY OF THE CERTIFICATE DATED 18/05/2015 ISSUED BY THE VILLAGE OFFICER, MELILA.

EXHIBIT P6- THE TRUE COPY OF THE NOTICE DATED 06/07/2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7- TRUE COPY OF THE REPLY FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21/07/2015.

EXHIBIT P8- THE TRUE COPY OF THE A LETTER DATED 24/11/2015 ISSUED BY THE 2ND RESPONDENT TO THE MELILA VILLAGE OFFICER.

EXHIBIT P9- THE TRUE COPY OF THE ORDER DATED 29/05/2015 ISSUED BY THE 2ND RESPONDENT.