Shaji Ak vs Village Officer
2024 Latest Caselaw 5220 Ker

Kerala High Court

Shaji Ak vs Village Officer on 15 February, 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 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        WP(C) NO. 15682 OF 2015
PETITIONER:

          SHAJI A K
          S/O.KURIAKOSE, ARACKKAL, PERIGARI P.O.,
          KILIYANTHARA, KANNUR DISTRICT-670706.
          BY ADV SRI.K.I.SAGEER


RESPONDENTS:

    1     VILLAGE OFFICER
          CHENGALA GROUP, VILLAGE OFFICE, CHENGALA P.O.,
          KASARGODE DISTRICT-671541.
    2     TAHSILDAR
          TALUK OFFICE, KASARGOD-671001.
    3     DISTRICT COLLECTOR
          KASARGOD DISTRICT, COLLECTORATE, KASARGODE.
    4     CHENGALA GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
          CHENGALA P.O., KASARGOD DISTRICT-671541.
    5     THE MUTTATHODY SERVICE CO-OPERATIVE BANK LTD.NO.C336
          REPRESENTED BY ITS SECRETARY, NAIMARIMOOLA P.O.,
          VIDYANAGAR-671123.
    6     JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES
          KASARAGOD-671001.

BY ADV.

          SRI BS SYAMANTAK, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15682 OF 2015


                                  2



              P.V.KUNHIKRISHNAN, J.
        --------------------------------------------
             W.P.(C)No. 15682 of 2015
       ----------------------------------------------
    Dated this the 15th day of February, 2024



                       JUDGMENT

The above writ petition is filed with the

following prayers:

"a) Issue a writ of mandamus, or any other

appropriate writ, order or direction directing

the respondents no. 1 to 4 to take necessary

action for evicting the encroachment of

government purampoke land by the 5th

respondent on the basis of Ext. P5 sketch of

the Taluk Surveyor without any further delay.

b) Issue a writ of mandamus, or any other

appropriate writ, order or direction directing WP(C) NO. 15682 OF 2015

the 4th respondent to take necessary action for

demolishing the illegal construction made by

the 5th respondent violating the Kerala

Panchayathi Raj Act and the Kerala Panchayath

Building Rules and also encroaching the

government purampoke land without any

further delay.

c) Issue such other appropriate writs, orders

or directions as this Hon'ble Court deems fit

and proper in the facts and circumstances of

the case." SIC

2. The grievance of the petitioner is that the

5th respondent encroached the Purampoke land of

the Government. Even though notice is issued to the

5th respondent, process not filed to serve notice to

respondent Nos.4 to 6. Hence, this writ petition

listed in the defect list. I am of the considered

opinion that, this writ petition need not be retained WP(C) NO. 15682 OF 2015

here. If there is any encroachment of Government

land by any of the party respondents, the revenue

authorities will do the needful, in accordance with

law, with notice to the encroachers.

With the above observation, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 15682 OF 2015

APPENDIX OF WP(C) 15682/2015

PETITIONER EXHIBITS EXT. P1 : TRUE COPY OF THE NOTICE NO.4264/14 DT.3-7-2014 ISSUED BY R4.

EXT. P2 : TRUE COPY OF THE LETTER NO.A3 4590/14 DT.19-7-2014 ISSUED BY R4.

EXT. P3 : TRUE COPY OF THE LETTER NO.254/14 DT.8-8-2014 ISSUED BY R1 TO R2.

EXT. P4 : TRUE COPY OF THE LETTER NO.316/14 DT.23-9-2014 OF THE R1 TO THE R2 AND 4.

EXT. P5 : TRUE COPY OF THE SKETCH OF THE TALUK SURVEYOR.

EXT. P6 : TRUE COPY OF THE COMPLAINT SUBMITTED BY THE CONVENOR OF THE ACTION COMMITTEE DT.11-7-14.

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE