Kerala High Court
Thankaraj vs District Collector on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 1560 OF 2024
PETITIONERS:
1 THANKARAJ
AGED 53 YEARS
S/O NESAYYAN, VISHNU BHAVAN, TOWER JUNCTION,
KOODARAPPALLY, CHUDUKATTUMUGHAL, POOVATHOOR P.O.,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT, PIN -
695561
2 JAYAKUMARI
AGED 49 YEARS
D/O LALITHA BHAI, JERIN BHAVAN,KOODARAPPALLY,
CHUDUKATTUMUGHAL, POOVATHURP.O., NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695561
3 RAJAKI
AGED 86 YEARS
W/O KARUNAKARAN, AROMAL BHAVAN,KOODARAPPALLY,
CHUDUKATTUMUGHAL, POOVATHOOR P.O.,NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695561
BY ADV V.A.VINOD
RESPONDENTS:
1 DISTRICT COLLECTOR
CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN -
695043
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695541
3 TAHSILDAR (LR) AND EXECUTIVE MAGISTRATE
TALUK OFFICE, NEDUMANGAD, PIN - 695541
4 THE VILLAGE OFFICER
NEDUMANGAD VILLAGE OFFICE, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695541
5 SHEEBA P
W/O.KUMAR, SHAMBU BHAVAN, CHUDUKATTIL MUKAL, NEAR
KOODARAPALLI, POOVATHUR P.O., NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695561
6 SAJI
S/O.SELVAN, ANITHA BHAVA, NEAR KOODARAPALLI, POOVATHUR
P.O., NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695561
BY ADV Sarin
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.1560 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.1560 of 2024
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Dated this the 6th day of February, 2024
JUDGMENT
The petitioners have approached this Court aggrieved by
Ext.P5 and Exts.P7 to P9 orders issued by the 2 nd respondent
wherein they were intimated that the appeal challenging Ext.P5
order cannot be entertained since the survey was conducted
pursuant to the directions issued by this Court by Ext.P3 judgment.
2. W.P.(C) No. 30973 of 2018, in which Ext.P3 judgment was
passed, was filed by respondent Nos. 5 and 6, wherein a direction
was issued to conduct a fresh survey of the property comprised in
resurvey No.176/2, Block No.35 of Nedumangad Village with notice
to the petitioners therein and any other affected parties and to take
further action in the matter. Pursuant to the same, Ext.P5 order
was issued directing the petitioners to remove the encroachments.
The petitioners submit that Ext.P5 order is not proper inasmuch as
they have not encroached upon the property as alleged in Ext.P5
and further that though appeals were preferred before the 2 nd
respondent, the same was not entertained stating that the survey
was conducted pursuant to the directions issued by this Court.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I am of the view that the right of
the petitioners to file an appeal challenging Ext.P5 has not been
curtailed in Ext.P3 judgment and this Court has only directed that
further action shall be taken in this matter only after conducting a
survey. If the petitioners are aggrieved by the survey conducted or
the finding in Ext.P5, they have every right to file a statutory
appeal as provided in the Act and Rules.
Therefore, Exts.P7 to P9 are set aside with a consequential
direction to the 2nd respondent to entertain the appeal filed by the
petitioners. The learned Government Pleader would submit that
the appeal has not been accepted by the 2 nd respondent.
Therefore, the petitioners shall resubmit the appeal before the 2 nd
respondent within a period of one week from the date of receipt of
a copy of this judgment. Thereafter the 2 nd respondent shall
consider the appeals on merits, after affording an opportunity of
being heard to the petitioners as well as respondent Nos. 5 and 6
and finalise the same within an outer limit of two months from the
date of receipt of that appeal. Till a decision is taken as directed
above, all further proceedings pursuant to Ext.P5 shall be kept in
abeyance.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 1560/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
13.10.2023 IN RESPECT OF PROPERTY OF 1ST
PETITIONER
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
13.10.2023 IN RESPECT OF 3RD PETITIONER
PROPERTY
Exhibit P3 TRUE COPY OF THE COMMON JUDGEMENT IN W.P
(C) NO 14192/2028 AND W.P (C) NO
30973/2018 FO THIS HON'BLE COURT
Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD
RESPONDENT DATED 31.10.2023
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE 3RD
RESPONDENT DATED 23.11.2023
Exhibit P6 PHOTOGRAPHS SHOWING THE DEMOLITION
CARRIED OUT BY THE 3RD AND 4TH
RESPONDENTS
Exhibit P7 TRUE COPY OF THE ORDER GIVEN TO THE 1ST
PETITIONER DATED 12.12.2023 PASSED BY THE
2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE ORDER GIVEN TO THE 2ND
PETITIONER DATED 12.12.2023 PASSED BY THE
2ND RESPONDENT
Exhibit P9 TRUE COPY OF THE ORDER GIVEN TO THE 3RD
PETITIONER DATED 12.12.2023 PASSED BY THE
2ND RESPONDENT
