Kerala High Court
Vishnu R vs Varkala Municipality on 19 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 19TH DAY OF JUNE 2024 / 29TH JYAISHTA, 1946
WP(C) NO. 13909 OF 2024
PETITIONER:
PRAVEEN S AGED 32 YEARS S/O. SREEKUMAR, AMRITHA
BHAVAN, CHEMMARUTHY VILLAGE, VARKALA TALUK, PANAYARA
P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695603
BY ADVS. M.K.SUMOD VIDYA M.K. RAJ CAROLIN V.
THUSHARA.K
RESPONDENTS:
1 THE TAHSILDAR (LAND RECORDS) TALUK OFFICE VARKALA,
COURT ROAD, VARKALA, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695141
2 THE VILLAGE OFFICER VARKALA VARKALA VILLAGE OFFICE,
NEAR VARKALA SIVAGIRI RAILWAY FOOT OVERBRIDGE,
VARKALA P.O, THIRUVANANTHAPURAM DISTRICT., PIN -
695141
BY SR.GP-DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2024, ALONG WITH WP(C).20710/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos. 13909 & 20710 of 2024 :2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 19TH DAY OF JUNE 2024 / 29TH JYAISHTA, 1946
WP(C) NO. 20710 OF 2024
PETITIONER:
VISHNU R ., AGED 28 YEARS S/O. RAMESH. S, VAYALIL
VEEDU, KUZHIVILAKOM, AYIROOR, VARKALA P.O,
THIRUVANANTHAPURAM, PIN - 695141
BY ADVS. C.R.JAYAKUMAR NOBEL RAJU ALEENA JOSE
RESPONDENTS:
1 VARKALA MUNICIPALITY, REPRESENTED BY ITS SECRETERY,
MAITHANAM, VARKALA P.O, THIRUVANANTHAPURAM DISTRICT,
PIN - 695141
2 THE SECRETARY, VARKALA MUNICIPALITY, MAITHANAM,
VARKALA P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695141
3 THE TAHSILDAR (LAND RECORDS), TALUK OFFICE VARKALA,
COURT ROAD, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN
- 695141
BY ADV K.SIJU
SR.GP. - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.06.2024, ALONG WITH WP(C).13909/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 13909 & 20710 of 2024 :3:
VIJU ABRAHAM , J.
===========================
WP(C) Nos. 13909 & 20710 of 2024
============================
Dated this the 19th day of June, 2024
JUDGMENT
Both these writ petitions are filed seeking a direction to the
respondents to take necessary steps to evict the encroachment and
to protect and maintain the road.
2. The learned Government Pleader upon instructions
submitted that the 1st respondent in WP(C) No.13909 of 2024 has
already issued a notice in Form-C to the encroacher, wherein seven
days time was granted to the encroacher for removing the
unauthorised construction in the puramboke land. Since the
encroacher did not take any action for removal of the same, the
Village Officer, 2nd respondent in WP(C) No.13909/2024 has
demolished the unauthorised construction and evicted the
encroachment on 03.05.2024, and survey stones were also placed in
the boundaries. Thereafter the 1st respondent has send a
communication to the Secretary of Varkala Municipality, 2 nd
respondent in WP(C) No.20710 of 2024 for inclusion of the said
Government land in the asset register.
In view of the action taken as stated above no further orders
are required in these writ petitions. Accordingly the above writ
petitions are closed. If the petitioners have any subsisting grievance
they are free to approach the authorities or this Court again.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
APPENDIX OF WP(C) 20710/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE
THE SECOND RESPONDENT DATED 03/06/2024
Exhibit TRUE COPY OF THE POSTAL RECEIPT BEARING NO.
P1(a) EL576049930IN DATED 03/06/2024 AND ISSUED BY THE
MONGODE SO
APPENDIX OF WP(C) 13909/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 08/12/2023
SUBMITTED BY THE PETITIONER BEFORE THE FIRST
RESPONDENT
Exhibit P2 TRUE COPY OF THE COMPILATION OF PHOTOGRAPHS CLICKED
BY THE PETITIONER FROM THE SUBJECT MATTER PROPERTY
SHOWING THE ENCROACHMENT
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 01/04/2024
SUBMITTED BY THE PETITIONER BEFORE THE FIRST
RESPONDENT
Exhibit TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY
P3(a) THE OFFICE OF THE FIRST RESPONDENT DATED 01/04/2024
BEARING NO. K3/812854/2024
