Kerala High Court
V.C. George vs The Village Officer on 23 May, 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 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 26226 OF 2016
PETITIONER:
V.C. GEORGE
AGED 48 YEARS, S/O. CHACKO,
VALLIKKAVUNGAL VEEDU, KANHIANGAD P.O.,
NILAMBUR AMSOM DESOM, NILAMBUR TALUK,
REPRESENTED BY THE INDIAN NATIONAL CONGRESS
MANDALAM COMMITTEE AS UNIT PRESIDENT,
CHILYAR MANDALAM, MALAPPURAM DISTRICT.
BY ADVS.
SRI.KRISHNADAS P. NAIR
SMT.G.GIGIMOL
SMT.K.L.SREEKALA
SMT.B.SABITHA DESOM
RESPONDENTS:
1 THE VILLAGE OFFICER
AKAMPADAM VILLAGE, MALAPPURAM DISTRICT.
2 THE TALUK OFFICER
NILAMBUR TALUK OFFICE, MALAPPURAM DISTRICT.
3 THE DISTRICT COLLECTOR
COLLECTORATE, MALAPPURAM DISTRICT.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.26226/2016
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.26226 of 2016
----------------------------------------------
Dated this the 23rd day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. To Issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the 1st respondent to quash all further
proceedings in Exhibit P5 and call for the records
leading to the same.
ii. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the respondents to stop all proceedings in
connection with Exhibit P5.
iii. To Pass such other relief as this Hon'ble Court
may deem fit to grant in the facts and
circumstances of the case.
(SIC)
2. The main prayer in this writ petition is against
Ext.P5 stop memo. The grievance of the petitioner is that
Ext.P5 stop memo is issued without giving adequate
opportunity of hearing.
3. Heard the learned Government Pleader also.
4. The Government Pleader takes me through
paragraphs 5 and 6 of the statement filed on behalf of
respondents 1 and 2 and submitted that the encroachment is
already removed. Even then the petitioner has got a grievance
that the impugned order is issued without giving an
opportunity of hearing.
5. After hearing both sides, I think this writ petition
can be disposed of treating Ext.P5 as a show-cause notice and
the petitioner can be allowed to submit his explanation to the
same and there can be a direction to consider the same within
a time frame. Till final orders are passed as directed above,
further proceedings if any consequent to Ext.P5 can be
deferred.
Therefore, this writ petition is disposed of with following
directions:
1. Ext.P5 shall be treated as show-cause
notice.
2. The petitioner shall submit his
explanation to Ext.P5 within one month
from the date of receipt of a copy of this
judgment.
3. Once the explanation is received, the 1st
respondent will consider the same and
pass appropriate orders in it, after
affording an opportunity of hearing to
the petitioner, as expeditiously as
possible, at any rate, within three
months from the date of receipt of the
explanation.
4. Further proceedings if any consequent
to Ext.P5 shall be deferred till final
orders are passed as directed above.
Encroachment removed will be subject
to the above decision.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 26226/2016
PETITIONER EXHIBITS
EXT. P1 THE TRUE COPY OF THE SALE DEED IN
FAVOUR OF THE PETITIOENR'S.
EXT. P2 THE TRUE COPY OF THE TAX RECEIPTS.
EXT. P3 THE TRUE COPY OF THE LATEST POSSESSION
CERTIFICATE ISSUED BY THE RESPONDENTS
ON 1.8.2016.
EXT. P4 THE TRUE COPY OF THE ELECTRICITY BILL.
EXT. P5 THE TRUE COPY OF THE STOP MEMO DATED
4.8.2016 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
ANNEXURE R2(A): COPY OF THE REPORT SUBMITTED BY THE
VILLAGE OFFICER, AKAMPADAM TO THE ADDITIONAL
TAHASILDAR NO.189/2016 DATED 09.08.2016.
