Prakash P.N vs The District Collector
2024 Latest Caselaw 15509 Ker

Kerala High Court

Prakash P.N vs The District Collector on 5 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    WEDNESDAY, THE 5TH DAY OF JUNE    2024 / 15TH JYAISHTA, 1946

                        WP(C) NO. 15615 OF 2024

PETITIONER:

              PRAKASH P.N AGED 66 YEARS MANAGER, CHANDRAMALAI
              ESTATE, NELLIAMPATHY VILLAGE, NELLIAMPATHY P.O,
              PALAKKAD DISTRICT -678 511. RESIDING AT CHANDRAMALAI
              ESTATES,   NELLIYAMPATHY, PALAKKAD, PIN - 678511
              BY ADVS. S.SUJIN NITA.N.S. T.N.GIRIJA N.BHARAT
              B.BILWIN KEERTHI M. V.R.LAKSHMI

RESPONDENTS:

     1        THE DISTRICT COLLECTOR CIVIL STATION, PALAKKAD, PIN -
              678013
     2        THE SUPERINTENDENT OF ORANGE AND VEGETABLE FARM
              NEMMARA, PALAKKAD, PIN - 678508
     3        DIVISIONAL FOREST OFFICER OFFICE OF THE DIVISIONAL
              FOREST OFFICER NEMMARA, PALAKKAD, PIN - 678508
     4        THE SUPERINTENDENT OFFICE OF THE SUPERINTENDENT,
              SURVEY AND LAND RECORDS,   PALAKKAD, PIN - 678001
     5        STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT
              DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT
              THIRUVANANTHAPURAM, PIN - 695004
              BY SPL.GP-T P SAJAN

     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. 15615 of 2024                   :2:



                        VIJU ABRAHAM , J.
              ===========================
                    WP(C) No. 15615 of 2024
              ============================
                Dated this the 5th day of June, 2024

                                  JUDGMENT

Petitioner has approached this Court seeking a direction to the

1st respondent to dispose of Ext.P6 within a time limit to be fixed by

this Court.

2. It is averred that petitioner is the Manager of

Chandramalai Estate in Nelliyampathy. Nearby the property of the

petitioner there is an orange and vegetable farm run by the

Agricultural Department of the State. It was noticed that the

activities of orange and vegetable farm have been extended to the

properties of the petitioner's estate also. Thereupon a representation

was submitted, and since no action was taken in this regard the

petitioner was constrained to approach this Court filing O.P. No.5378

of 1999 seeking an order for fixing the boundary lying between the

estate and the orange farm. This Court as per Ext.P2 judgment

directed the District Collector to consider the representation filed by

the petitioner in this regard. Petitioner relying on Ext.P3 would

submit that the disputed area of the estate which has an extent of

1.27 acres was handed over to Chandramalai Estate for construction

of labour lines as per the lease deed. Accordingly, a survey was

conducted with reference to the records and survey numbers. It was

also decided to record the name of the estate in the remarks column

of the land register as per letter issued by the Superintendent of

Survey and Land Records, Palakkad, a copy of which is produced as

Ext.P4. Thereafter the District Collector has called the parties for a

hearing and after hearing, the District Collector has passed an order

approving the resurvey. The present grievance of the petitioner is

that in spite of the fact that the issue has been being settled as

above, after the survey was conducted the orange farm authorities

are putting up electric fence annexing 1.27 acres of land which was

leased to the Chandramalai estate. In the said circumstance

petitioner has preferred Ext.P6 request in this regard before the 1 st

respondent District Collector. Petitioner seeks for an expeditious

disposal of the same.

3. Heard the learned Special Government Pleader Forest

also.

4. After hearing both sides, I am inclined to dispose of the

writ petition with a direction to the 1st respondent District Collector

to consider and pass orders on Ext.P6 representation and dispose of

the same, as expeditiously as possible at any rate, within an outer

limit of two months from the date of receipt of a copy of this

judgment after affording an opportunity of being heard to the

petitioner, the 2nd respondent and any other affected parties.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

APPENDIX OF WP(C) 15615/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER DATED 25/02/1999 SUBMITTED BY THE PETITIONER Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 02/03/1999 IN O.P.NO.5378 OF 1999 Exhibit P3 TRUE COPY OF THE LETTER DATED 05/02/1999 ISSUED BY 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER DATED 10/05/1999 ISSUED BY SUPERINTENDENT SURVEY AND LAND RECORDS, PALAKKAD Exhibit P5 TRUE COPY OF THE ORDER DATED 23/08/2001 ISSUED BY THE DISTRICT COLLECTOR Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 21.11.2023 SUBMITTED BY THE PETITIONER