Dineshan Assan vs Paravur Municipality
2024 Latest Caselaw 19232 Ker

Kerala High Court

Dineshan Assan vs Paravur Municipality on 1 July, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR. JUSTICE P.M.MANOJ
    MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946
                    WP(C) NO. 1246 OF 2018
PETITIONER/S:

          DINESHAN ASSAN, AGED 65 YEARS
          S/O SANKARA PILLAI, CHAMAVILA VEEDU,
          KOONAYIL PARAVOOR P.O.,KOLLAM DISTRICT.

          BY ADVS.
          SRI.C.RAJENDRAN
          SRI.B.K.GOPALAKRISHNAN

RESPONDENT/S:

    1     PARAVUR MUNICIPALITY, PARAVUR, KOLLAM-691
          301,REPRESENTED BY ITS SECRETARY.

    2     THE VILLAGE OFFICE
          KOTTAPURAM VILLAGE,KOLLAM-691 301.

    3     THE SPECIAL TAHSILDAR
          KUNDARA, KOLLAM-691 501

    4     K.P. KURUP, MANNUVILA VEEDU, KOONAYIL,
          CHERRY, PARAVUR, KOLLAM DISTRICT-691 301.

    5     SREEKANTH, CHAMAVILA VEEDU,KOONAYIL CHERRY,
          'PARAVUR, KOLLAM-691 301.

    6     ADDL.R6.DEPUTY TAHSILDAR (DM)
          TALUK OFFICE, KOLLAM IS SUO MOTU IMPLEADED AS ADDL.R6
          AS PER ORDER DATED 06/04/2018 IN WP(C)1246/2018.

    7     ADDL. R7 . THE DISTRICT COLLECTOR, COLLECTORATE,
          KOLLAM - 691 013 IS IMPLEADED AS ADDL.R7 AS PER ORDER
          DATED 12/6/2019 IN IA NO.1/2019 IN WP(C) 1246/2018.

          BY ADV GOVERNMENT PLEADER, SR.GP- ADV.
          SRI.B.UNNIKRISHNA KAIMAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 01.07.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                            2
W.P.(C)No.1246 of 2018




                                 JUDGMENT

The petitioner is the owner of the landed properties having an

extent of 1 Are 15 Sq.Mtr. in Re.Sy.No.260/123 in Block No.34 of

Kottapuram Village. It appears that the 3rd respondent made a paper

publication on 08.12.2017 under Section 6 of the Surveys and

Boundaries Act, 1961 (Kerala), wherein the properties of the petitioner is

mentioned, for which the survey is being conducted for fixation of the

boundary. The petitioner preferred this writ petition challenging Ext.P3

publication and to seek direction against the 1st respondent to release

the encroached portion of the property of the petitioner in

Sy.No.260/123 of Kottappuram Village.

2. During the pendency of the writ petition, the 3rd

respondent has filed a statement, wherein it is stated that the Secretary,

Paravur Municipality requested for acquisition of certain properties for

the development of fish market. For that purpose, all further

proceedings are over except the submission of the final social impact

assessment study report as per settlement dated 16.07.2014.

3. When the matter was taken up today, it was submitted by

the learned counsel for the petitioner that now the development of the

fish market is completed and started functioning and hence, nothing

further survives in this writ petition.

In that view of the matter, this writ petition is closed recording the

submission of the petitioner.

sd/-

P.M.MANOJ JUDGE

das

APPENDIX OF WP(C) 1246/2018

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE PHOTOCOPY OF THE REPORT OF THE VILLAGE OFFICE DATED 4/5/2017

EXHIBIT P2 A TRUE PHOTOCOPY OF THE SKETCH OF THE LANDED PROPERTY ON BY THE PETITIONER, ISSUED BY THE VILLAGE OFFICER DATED 4/5/2017

EXHIBIT P3 A TRUE PHOTOCOPY OF THE PUBLICATION IN DESHABHIMANI DAILY DATED 22/12/2017.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE NEWS PAPER IN MATHRUBHUMI DAILY DATED 24/12/18

EXHIBIT P5 A TRUE PHOTOCOY OF THE NOTICE DATED 22.03.2019

EXHIBIT P6 A TRUE PHOTOCOPY OF THE CONTENTS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 DOWN LOAD FROM WIKIPEDIA

EXHIBIT P7 A TRUE PHOTOCOPY OF THE PETITION DATED 14/08/2019