Sajeev vs State Of Kerala
2024 Latest Caselaw 13489 Ker

Kerala High Court

Sajeev vs State Of Kerala on 24 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
    FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                   WP(C) NO. 4207 OF 2017
PETITIONER:

          SAJEEV
          AGED 45 YEARS, S/O.NARAYANAN, KALLUMADAPARAMBIL,
          THEKKE ADUVASSERY, KUNNUKARA VILLAGE,
          PARAVOOR TALUK, ERNAKULAM DISTRICT - 683 578.
          BY ADVS.
          SRI.VIJAI MATHEWS
          SRI.UNNIKRISHNAN.S.

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          PUBLIC WORKS DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001
    2     DISTRICT COLLECTOR
          DISTRICT COLLECTORATE, KAKKANAD-682030
    3     ASSISTANT EXECUTIVE ENGINEER
          PUBLIC WORKS DEPARTMENT (ROADS DIVISION),
          OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
          PWD (ROADS DIVISION), NORTH PARAVOOR.
          BY ADVS.SRI.B.S.SYAMANTAK, GOVERNMENT PLEADER


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.4207/2017


                                        2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.4207 of 2017
             ----------------------------------------------
            Dated this the 24th day of May, 2024


                                JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of Certiorari or any other appropriate writ, order, or direction quashing Exhibit- P2 notice and all the proceedings initiated based on it.

ii. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents to take appropriate steps to identify the property mentioned in Exhibit-P2 notice and the 6.07 Ares (15 cents) of land situated in survey number 676/5/2 of Kunnukara village which is in possession of the petitioner, and to demarcate the boundaries of both the properties before initiating any proceedings for eviction as per the provisions of the Kerala Land Conservancy Act, 1957. iii. Declare that the proceedings initiated against the property of the petitioner having an extent of 6.07 Ares situated in survey number 676/5/2 of Kunnukara village, based on Exhibit- P2 notice is illegal.

iv. Direct the 2nd respondent to consider and pass orders on Exhibit -P3 after affording petitioner an opportunity to be heard.

v. Direct the respondents not to initiate any eviction proceedings against the petitioner with respect to the land situated in survey number 676/5/2 of Kunnukara Village without issuing fresh notice under section 11(2) of the Kerala Land Conservancy Act, 1957.

vi. To grant such other reliefs, as this Hon'ble Court shall deem just and proper.

(SIC)

2. When this writ petition came up for consideration

on 13.02.2017, this Court passed the following order :

"Notice before admission to the respondents. The learned Govt. Pleader takes notice for the respondents.

There will be an interim stay of further proceedings pursuant to Ext.P2, for a period of two weeks."

3. Ext.P2 notice is issued to the petitioner alleging

encroachment. The petitioner submitted Ext.P3 objection to

Ext.P2 before the 2nd respondent. In the light of the same, I

think there can be a direction to consider Ext.P3 with notice to

the petitioner, and till then, further proceedings consequent to

Ext.P2 can be deferred.

Therefore, this writ petition is disposed of with following

directions:

1. The 2nd respondent is directed to

consider and pass appropriate orders in

Ext.P3, 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 a copy of this judgment.

2. Till then, further proceedings

consequent to Ext.P2 shall be kept in

abeyance.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 4207/2017

PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE BUILDING TAX RECEIPT, DATED 11.02.2008.

EXHIBIT P2. TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT, DATED 09.12.2016. EXHIBIT P3. TRUE COPY OF THE OBJECTION, DATED 19.01.2017.

RESPONDENTS' EXHIBITS:

ANNEXURE R3(A):- A TRUE COPY LETTER NO. D1- 12740/2016 DATED 13.02.2017.

ANNEXURE R3(B):- A COPY OF THE NOTICE DTD. 09.12.2010.

ANNEXURE R3(C):- COPY OF THE MINUTES HELD ON 3.1.2017

ANNEXURE R3(D):- THE SURVEY SKETCH