Shajeev P.S vs The District Collector, Kollam
2024 Latest Caselaw 17256 Ker

Kerala High Court

Shajeev P.S vs The District Collector, Kollam on 20 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
     THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                      WP(C) NO. 16974 OF 2018
PETITIONER:

            SHAJEEV P.S.
            AGED 56 YEARS, S/O. PUSHPASENAN,
            JONAKANZHIKAM, COLLEGE NAGAR, T.K.M.C. P.O.,
            KARIKKODE,KOLLAM - 691 005.
            BY ADVS.
            SRI.SHABU SREEDHARAN
            SHRI.NITIN RAJAN NAIR
            SMT.ANJANA G.
            SHRI.JOBIN JOSE P.
            SMT.REMYA GILBERT

RESPONDENTS:

       1    THE DISTRICT COLLECTOR, KOLLAM
            CIVIL STATION, KOLLAM -691 013.
       2    THE EXECUTIVE ENGINEER
            KERALA PUBLIC WORKS DEPARTMENT ROAD DIVISION,
            NEAR BENZIGAR HOSPITAL, KOLLAM - 691 001.
       3    V. AJU
            AGED 45 YEARS, S/O. VIKRAMAN,SECRETARY,
            PEROOR RECREATION CLUB,RESIDING AT SWATHI,
            COLLEGE NAGAR,T.K.M.C. P.O.,
            KARIKKODE, KOLLAM -691 005.
            BY ADVS.
            SMT.M.K.SHIMI
            SRI.SREEVALSAN.V
            SRI.D.SREENATH

OTHER PRESENT:

            SRI.B.S.SYAMANTAK, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    20.06.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.16974/2018

                                     2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.16974 of 2018
             ----------------------------------------------
            Dated this the 20th day of June, 2024


                              JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or other appropriate writ, order or direction, directing the 1 st respondent to consider Exhibits P4 and P5 representations submitted by the petitioner and take effective steps for removing the illegal occupation on the puramboke land in front of his house preventing his access to the PWD Road, within a time frame that may be fixed by this Honourable Court;

ii. Grant the Petitioner such other and further reliefs which this Hon'ble Court deems just and fit under the circumstances of the case.

(SIC)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that there may be a

direction to the 1st respondent to consider Exts.P4 and P5

representations. If Exts.P4 and P5 are received and pending

as on today, there can be a direction to consider the same.

Therefore, this writ petition is disposed of with following

direction:

The 1st respondent is directed to

consider and pass appropriate orders in

Exts.P4 and P5, if the same is received

and pending as on today, with notice to

the petitioner and other affected

parties.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 16974/2018

PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE TAX RECEIPT N0.

1043903 DATED 31/10/2016 ISSUED IN FAVOUR OF THE PETITIONER EXHIBIT-P2 TRUE COPY OF THE REPRESENTATION DATED 31/10/2016 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 08/05/2017 OF THE IST RESPONDENT EXHIBIT-P4 TRUE COPY OF THE REPRESENTATION DATED 15/04/2017 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT EXHIBIT-P5 TRUE COPY OF THE REPRESENTATION DATED 25/01/2018 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT