Kerala High Court
P.K. Joseph @ Ouseph vs The District Collector on 5 June, 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
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 24899 OF 2016
PETITIONER:
P.K. JOSEPH @ OUSEPH
S/O.KURIAKOSE, POOKKATTU HOUSE, VALAKOM VILLAGE,
MEKKADAMPU P.O., ERNAKULAM.
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SRI.K.K.AKHIL
RESPONDENTS:
1 THE DISTRICT COLLECTOR
ERNAKULAM, PIN - 682 030.
2 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, PIN - 686 661.
3 THE TAHSILDAR
MUVATTUPUZHA, PIN - 686 661.
4 THE EXECUTIVE ENGINEER (NATIONAL HIGH WAY ROADS) DIVISION,
MUVATTUPUZHA, PIN - 686 661.
5 ADDL. R5. JAYAN K.S
S/O SIVASANKARAN NAIR, AGED 56 YEARS, RESIDING AT
KURIKATTUPUTHENPURAYIL HOUSE, NEAR PANCHAYTH OFFICE,
MEKKADAMPU KARA, VALAKAM VILLAGE, ERNAKULAM-682 316.
BY ADVS.
SRI. M. RAJEEVAN, GOVERNMENT PLEADER
SRI. KRISHNA PRASAD. S - ADDL. R5
SRI. B.NAMADEVA PRABHU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.24899 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.24899 of 2016
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Dated this the 05th day of June, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i. issue a writ of certiorari or such other writ, order
or direction quashing Exhibit P3 order.
ii. Issue a writ of mandamus or such other writ,
order or direction directing the second respondent
to consider the request of the petitioner for
assigning the 1.8 cents Puramboke land referred to
in Exhibit P2 and assign the same in favour of the
petitioner.
And
iii. Grant such other writ, order or direction as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case." SIC
2. The petitioner is aggrieved by Ext.P3 order
WP(C) NO.24899 OF 2016
by which the District Collector ordered eviction of
encroachment in survey No.413/1 of Valakam Village.
This writ petition is filed mainly for the reason that,
Ext.P3 is an order passed without hearing the
petitioner.
3. Heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the
additional 5th respondent.
4. The learned counsel for the additional 5th
respondent submitted that, Ext.P3 is an order passed
based on Ext.P5 judgment. The contention of the
petitioner that no opportunity of hearing is given to
the petitioner is incorrect, is the submission. The
counsel takes me through Ext.P3 in which it is clearly
stated that the affected parties were heard before
WP(C) NO.24899 OF 2016
passing the order. The counsel also submitted that,
admittedly there is encroachment and the same is to
be removed.
5. This Court considered the contention of the
petitioner and the additional 5th respondent. The
contention of the petitioner that no opportunity of
hearing is given to the petitioner may not be correct in
the light of the findings in Ext.P3 itself. But, this
Court stayed Ext.P3 and the interim order is
continuing even now. In such circumstances, there
can be a direction to consider Ext.P4, within a time
frame, with notice to the petitioner and the additional
5th respondent and till then the interim order can
continue. After considering Ext.P4, if the authorities
are found that there is encroachment, immediate
WP(C) NO.24899 OF 2016
action should be taken to evict the encroachment.
Therefore, this writ petition is disposed of with
the following manner;
1. The second respondent is directed to
consider and pass appropriate orders in
Ext.P4, after giving an opportunity of
hearing to the petitioner and the additional
5th respondent, within a period of six weeks
from the date of receipt of a copy of this
judgment. Based on the decision, if there is
any encroachment, the official respondents
will take necessary steps to evict the
encroachment, forthwith.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.24899 OF 2016
APPENDIX OF WP(C) 24899/2016
PETITIONER EXHIBITS
EXHIBIT P1. TRUE COPY OF THE SALE DEED
NO.179/1985 OF THE SUB REGISTRAR
OFFICE, MUVATTUPUZHA, ALONG WITH THE
CORRECTION DEED DATED 01.10.1988.
EXHIBIT P2. TRUE COPY OF THE TAX RECEIPT DAWTED
04.05.2016 ISSUED BY THE VILLAGE
OFFICER, VALAKAM.
EXHIBIT P3. TRUE COPY OF THE ORDER DAWTED
16.06.2016 ISSUED BY THE FIRST
RESPONDENT.
EXHIBIT P4. TRUE COPY OF THE REQUEST DAWTED
12.07.2016 SUBMITTED TO THE THIRD
RESPONDENT THROUGH THE 4TH
RESPONDENT.
EXHIBIT P5. TRUE COPY OF THE JUDGMENT DATED
23.12.2015 IN WP(C)NO.39658/15 OF THIS
HON'BLE COURT.
RESPONDENTS EXHIBITS :NIL
// TRUE COPY//
PA TO JUDGE
