Vasudevan Pillai vs Santha Issac
2024 Latest Caselaw 13256 Ker

Kerala High Court

Vasudevan Pillai vs Santha Issac 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. 13810 OF 2017
PETITIONER:

            VASUDEVAN PILLAI
            AGED 66 YEARS
            AGED 66 YEARS, S/O.KRISHNA PILLAI, THOPPIL ESTATE,
            VYTTILA, KOCHI 682019.

            BY ADV SRI.P.J.JOSEPH PANIKKASSERY


RESPONDENTS:
     1     SANTHA ISSAC
           AGED 66 YEARS, MATTAMMA HOUSE, KOMBANAD P O, PIN-
           683546, VENGOOR VILLAGE, PERUMBAVOOR.

    *2      MANAGING DIERCTOR
            GALAXY HOMES PROVATE LIMITED, GALAXY SQUARE, RAJAJI
            ROAD, ERNAKULAM, KOCHI-682035, CONTACT NO.9496247777.

            *ADDRESS OF R2 IS CORRECTED AS PER ORDER DATED
            22.06.2017 IN I.A.NO.8787/2017.

    3       DISTRICT COLLECTOR
            OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
            KAKKANAD 682035,

    4       TAHSILDAR
            KANAYANNUR TALUK, ERNAKULAM, KOCHI-682016,

    5       CORPORATION OF KOCHI
            REPRESENTED BY ITS SECRETARY, ERNAKULAM, PIN-682016.

            BY ADVS.
            SMT.M.S.LETHA
            SRI.SHIBU JOSEPH,SC, COCHIN CORPORATION
            SRI.SHIBU JOSEPHSC COCHIN CORPORATION
            SRI.K.R.VINOD


     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.13810 of 2017


                                    2

                     P.V.KUNHIKRISHNAN,J.
                 ---------------------
                    W.P (C) No.13810 of 2017
              ---------------------------
                Dated this the 23rd day of May, 2024

                              JUDGMENT

This writ petition is filed with the following prayers:-

"i. To direct the 3rd and 4th respondent to remove the wall constructed on the southern boundary and those walls of 1.8 metres width and 16.3 metres length in Sy. No. 516/1 of Elamkulam village.

ii. Direct the 4th respondent Tahsildar, Kanayannur Taluk to comply the order dated 2.7.2016 vide No. D- 4285/2016 of Sub Collector forthwith issued on the basis of inspection report of the status of the land by the Village officer, Elamkulam.

iii. To direct the 3rd respondent to recover and take possession and maintain the original position of the land as such if any portion of the above said government land is encroached.

iv. To issue a writ of mandamus to maintain the status of the property to its original position and issue appropriate orders to keep the interest of justice." [SIC]

A bare perusal of the prayer would show that the writ

petition is filed as a public interest litigation. For filing public

interest litigation, the petitioner has to file affidavit as per the

rules. Moreover, this writ petition is pending before this Court

from 2017 onwards. No interim order is passed in this case.

There is no representation also for the petitioner.

Therefore, this writ petition need not be retained here. Hence,

this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 13810/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF TITLE DEED NO 5589/1994, S.R.O ERNAKLUAM DTD 16/11/1994

EXHIBIT P2 TRUE COPY OF TITLE DEED NO 3118/2005 S.R.O ERNAKULAM DTD 30/3/2005

EXHIBIT P3 TRUE COPY OF LETTER NO 46/16 DTD 25/6/2016 ISSUED BY VILLAGE OFFICER, ERNAKULAM TO SUB COLLECTOR, RDO, FORT KOCHI.

EXHIBIT P4 TRUE COPY OF LETTER NO D-4285/2016 DTD 2/7/2016 ISSUED FROM REVENUE DIVISIONAL OFFICER, FORT KOCHI TO ADDL.TAHSILDAR, KANAYANNUR

EXHIBIT P5 TRUE COPY OF REGISTERED LETTER DTD 5/4/2017 SENT BY PETITIONER TO THE 3RD RESPONDENT.