Kerala High Court
Roshan Narayanan vs State Of Kerala 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. 16637 OF 2016
PETITIONER:
ROSHAN NARAYANAN
AGED 34 YEARS
S/O.LATE NARAYANAN, KUZHIMUNDAYIL
HOUSE,PATTIMATTOM P.O., PATTIMATTOM VILLAGE,
ERNAKULAM DISTRICT.
BY ADVS.
SMT.MITHA SUDHINDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO THE
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
MUVATTUPUZHA P.O., ERNAKULAM-686 661.
3 THE TAHSILDAR
KUNNATHUNADU TALUK, TALUK HEADQUARTERS, MINI
CIVIL STATION, PERUMBAVOOR-683 542.
4 THE EXECUTIVE ENGINEER
P.W.D ROADS DIVISION, MUVATTUPUZHA - 686 661.
5 THE ASSISTANT ENGINEER
P.W.D ROADS SECTION,PERUMBAVOOR - 683 542.
BY ADV.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.16637 of 2016
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 16637 of 2016
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Dated this the 23rd day of May, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"(i) Issue a writ of Certiorari or such other
writ, order or direction quashing Exhibit P3 notice;
(ii) Issue such other writ, order or direction
which this Honourable Court may deem fit and
proper in the facts and circumstances of the case,
so as to secure the ends of justice."[SIC]
2. According to the petitioner, he is living with
his family and aged mother in his residential house in
Survey No.440 and Survey No.491/5 in Block 27 in
Pattimattom Village of Kunnathunadu Taluk. It is
submitted that the uncle of the petitioner, who is also
the neighbor filed W.P.(C) No. 33981 of 2011
complaining that the petitioner had encroached upon
road puramboke and that no action is taken by the
authorities even after several complaints. The
Revenue Divisional Officer, Muvattupuzha filed an
affidavit before this Court and submitted that on
inspection and measurement, no road puramboke or
any encroachment has been found in the property is
the submission. Ext.P1 is the counter affidavit filed by
the Revenue Divisional Officer, Muvattupuzha in W.P.
(C)No.33981/2011. Based on the same, the Writ
petition was closed as evident by Ext.P2 judgment.
Thereafter, Ext.P3 notice was issued stating that there
is encroachment. Aggrieved by the same, this writ
petition is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. This Court perused Ext.P1 counter affidavit
and also Ext.P2 judgment of this Court. After hearing
both sides, I am of the considered opinion that the
matter is to be reconsidered in the light of Exts.P1
and P2. An opportunity of hearing also should be
given to the petitioner. To facilitate the officer
concerned to pass fresh orders, Ext.P3 can be set
aside.
Therefore, this Writ petition is disposed of in the
following manner:
1. Ext.P3 is set aside.
2. The 5th respondent is directed to reconsider the
matter in the light of Exts.P1 and P2, after giving
an opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within a
period of four months from the date of receipt of
a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 16637/2016
PETITIONER EXHIBITS
P1 AFFIDAVIT FILED BY THE 2ND
RESPONDENT DT. 28.10.2014 BEFORE
THIS HONOURABLE COURT IN WPC NO.
33981/2011.
P2 TRUE COPY OF THE JUDGMENT IN WPC NO.
33981/2011 OF THIS HONOURABLE COURT.
P3 TRUE COPY OF THE NOTICE DT.
07.4.2016 ISSUED TO THE PETITIONER
BY THE 5TH RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
