Kerala High Court
A.Vinayakamoorthy vs State Of Kerala on 21 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 15189 OF 2024
PETITIONER(S):
1 A.VINAYAKAMOORTHY
AGED 63 YEARS
S/O.LATE SHRI AYYANAR,
RESIDING AT HOUSE NO.X/871,
SANTHOSHAM BHAVAN, IKKA NAGAR,
MUNNAR.P.O., IDUKKI DISTRICT.,
PIN - 685612
2 KALA.V
AGED 53 YEARS
W/O.A.VINAYAKAMOORTHY,
RESIDING AT HOUSE NO.X/871,
SANTHOSHAM BHAVAN, IKKA NAGAR,
MUNNAR.P.O., IDUKKI DISTRICT.,
PIN - 685612
3 NITHYAKALA.V
AGED 24 YEARS
D/O.A.VINAYAKAMOORTHY,
RESIDING AT HOUSE NO.X/871,
SANTHOSHAM BHAVAN, IKKA NAGAR,
MUNNAR.P.O., IDUKKI DISTRICT.,
PIN - 685612
BY ADVS.
N.KRISHNA PRASAD
P.SHANES METHAR
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR, IDUKKI
COLLECTORATE BUILDINGS,
KUYILIMALA, PAINAV P.O.,
IDUKKI, PIN - 685603
WP(C)No.15189 of 2024
2
3 THE MUNNAR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
MUNNAR, PIN - 685612
4 THE VILLAGE OFFICER
MUNNAR VILLAGE OFFICE,
MUNNAR, PIN - 685612
BY SRI.JAFARKHAN Y, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.15189 of 2024
3
JUDGMENT
A.Muhamed Mustaque, J.
The petitioners have approached this Court
challenging Ext.P8 prohibitory order issued by the Village
Officer, Munnar. It is alleged in Ext.P8 that the petitioners
have encroached upon Government land and made
construction. If the petitioners had encroached upon
Government land and put up any construction, proceedings
shall be initiated under the Land Conservancy Act to remove
such construction to resume the land in accordance with the
provisions, following the procedure thereon. We make it clear
no proceedings shall be initiated without issuing notice to the
petitioners and passing order under the Land Conservancy
Act. Needful shall be done within a period of two months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
rkj
APPENDIX OF WP(C) 15189/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PATTA DATED 30.06.1999
IN RESPECT OF THE PROPERTY COMPRISED IN
Exhibit P2 TRUE COPY OF THE POSSESSION AND
ATTACHMENT CERTIFICATE DATED 20.06.2000
Exhibit P3 TRUE COPY OF THE LOCATION CERTIFICATE
DATED 9.6.2000 IN RESPECT OF THE
PROPERTY COVERED BY EXHIBIT-P1
Exhibit P4 TRUE COPY OF THE GENERAL POWER OF
ATTORNEY DATED 10.11.2021
Exhibit P5 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 22.05.2023
Exhibit P6 TRUE COPY OF THE RECEIPT DATED
22.05.2023
Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS OF THE
EXISTING MILK PARLOUR
Exhibit P8 TRUE COPY OF THE ORDER PROHIBITING ANY
FURTHER CONSTRUCTION IN THE PROPERTY
COVERED BY EXHIBIT-P1 DATED 26.03.2024
Exhibit P9 TRUE COPY OF THE RECEIPT DATED
27.03.2024 EVIDENCING THE RELEASE OF
THE TOOLS AND EQUIPMENT USED BY THE
PETITIONER
Exhibit P10 TRUE COPY OF THE AFFIDAVIT FILED BY THE
PETITIONER BEFORE THE COMPETENT
AUTHORITY DATED 27.3.2024 FOR OBTAINING
AUTHORITY NAMELY MUNNAR SPECIAL
TAHSILDAR, DEVIKULAM FOR OBTAINING
RELEASE OF THE TOOLS AND OTHER
EQUIPMENT
Exhibit P11 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 7.4.2024 BEFORE THE
2ND RESPONDENT
