Kerala High Court
Shamsudheen Mandathadathil vs State Of Kerala on 28 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 23601 OF 2019
PETITIONER:
SHAMSUDHEEN MANDATHADATHIL
AGED 27 YEARS
S/O.MANDATHADATHIL ALAVI, RESIDING AT MANDATHADATHIL
HOUSE, PALIKURUPPU, MANNARKKAD, REPRESENTED BY HIS
POWER OF ATTORNEY HOLDER SAMMAS, S/O.SHAMSUDEEN
MANDATHADATHIL, MANDATHADATHIL HOUSE, PALIKURUPPU,
MANNARKKAD, PALAKKAD-678595.
BY ADV VINOD KUMAR.C
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, PALAKKAD-678001.
3 TAHASILDAR (LR)
TALUK OFFICE, MINI CIVIL STATION, MANNARKKAD-678582.
4 TALUK SURVAYOR,
OFFICE OF TALUK SURVAYOR, MINI CIVIL STATION,
MANNARKKAD-678582.
5 PROJECT OFFICER,
NATIONAL HIGHWAY AUTHORITY OF INDIA, MALAPPURAM
DIVISION, MALAPPUARAM-676505.
BY ADVS.
GOVERNMENT PLEADER
ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP, SMT.I.SHEELA DEVI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No. 23601 of 2019 2
P.V.KUNHIKRISHNAN, JUDGE
=========================
W.P(C) No. 23601 of 2019
==========================
Dated this the 28th day of May, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
"i) Issue a writ of mandamus directing the
respondents 3 to 5 to measure the property covered by
Ext P2 and P4 again after giving notice to the petitioner
before proceeding against the property alleging
encroachment to the Government poromboke land,
ii) Issue a writ of mandamus directing the 2nd
and 3rd respondent to take decision on Ext P11 and P12
before proceeding against the property covered by Ext
P2 and P4 again after giving notice to the petitioner
before proceeding against the property alleging
encroachment to the government poromboke land
iii) To issue such other order or direction this
Hon'ble court may think fit and proper to issue in the
circumstances of the case. (SIC)"
When this Writ Petition came up for consideration, the
learned Government Pleader takes me through paragraph
Nos. 4 and 5 of the statement filed by the 3 rd respondent,
which is extracted hereunder;
4. It is submitted that as per order number
DCPKD/2671/18- LRG4 dated 01.04.2019, in view of
the judgment in WP(C).39397/2015, District Collector,
Palakkad has cancelled the C Form notice and directed
Tahsildar (LR), Mannarkkad to hear the petitioner and
to complete the proceedings under the provision of KLC
Act. As per the direction of the District Collector, the
petitioner was heard on 07.05.2019. At the time of
hearing the petitioner again requested to survey the
property and breadth of the road as per survey records.
Notice dated 21.05.2019 has also been issued to
petitioner to fix the purambokke land of the PWD road.
The NH work has lagged due to the encroachment made
by the petitioner, affecting public transport and causing
traffic congestion all over the Mannarkkad Town. So
survey and demarcation was done on In survey report,
Taluk Surveyor and Head Surveyor reported that the
report has to be further verified by District Survey
Superintendent, Palakkad. 29.05.2019.
5. It is submitted that as instructed by District Survey
Superintendent in the letter G1-2019/3272/9 dated
23.07.2019 the survey has been conducted by Head
Surveyor of the Taluk Office, Mannarkkad on
29.09.2019. The report and sketch submitted by Head
Surveyor reveals that an extent of 0.0007 hectors of
road purambokke land has been encroached by the
petitioner. The true copy of the report. and sketch
submitted by Head Surveyor is produced herewith and
marked as Annexure R3(a) & R3(b) respectively.
Accordingly the survey report and sketch had been
forwarded to the PWD (NH Authorities) and Village
Officer, Mannarkkad-1 for initiating action against the
encroachment as per KLC Act.
The learned counsel for the petitioner submitted that, the
petitioner had already submitted Ext.P11, which is pending
before the 3rd respondent and the same may be directed to
consider. I think that prayer can be allowed.
Therefore, this Writ Petition is disposed of with the
following directions.
i. The 3rd respondent is directed to consider
and pass appropriate orders in Ext.P11, after
giving an opportunity of hearing to the
petitioner, as expeditiously as possible, at any
rate, within a period of one months from the
date of receipt of a copy of this judgment.
ii. Till consideration of the same, the status
quo order as on today shall be maintained.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
mus
APPENDIX OF WP(C) 23601/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF POWER OF ATTORNEY DATED
12.7.2013.
EXHIBIT P2 TRUE COPY OF DOCUMENT NO.4325/89 SRO
MANNARKKAD.
EXHIBIT P3 TRUE COPY OF REPORT FILED BY TAHASILDR
DATED NIL.
EXHIBIT P4 TRUE COPY OF FORM 13 DATED 16.3.2013.
EXHIBIT P5 TRUE COPY OF REPLY DATED 28.9.2015 FILED
BEFORE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF ORDER DATED 18.12.2015.
EXHIBIT P7 TRUE COPY OF APPEAL BEFORE R2 DATED
21.12.2015.
EXHIBIT P8 TRUE COPY OF JUDGMENT IN WP.39397/2015
DATED 22.12.2015.
EXHIBIT P9 TRUE COPY OF ORDER PASSED BY DISTRICT
COLLECTOR DATED 1.4.2019.
EXHIBIT P10 TRUE COPY OF STATEMENT FILED BEFORE 3RD
RESPONDENT DATED 7.5.2019.
EXHIBIT P11 TRUE COPY OF STATEMENT DATED 30.5.2019
BEFORE R3.
EXHIBIT P12 TRUE COPY OF STATEMENT DATED 30.5.2019
BEFORE R2.
EXHIBIT P13 TRUE COPY OF ACKNOWLEDGMENT/RECEIPT DATED
1.6.2019.
