M.K.Sharly Alias vs The District Collector
2024 Latest Caselaw 14430 Ker

Kerala High Court

M.K.Sharly Alias vs The District Collector on 31 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 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                   WP(C) NO. 21230 OF 2017
PETITIONER:

         M.K.SHARLY ALIAS
         AGED 48 YEARS, S/O.KUMARAN,
         MUNDAKKAL HOUSE,MALAYATTOOR VILLAGE AND DESOM,
         MALAYATTOOR P.O., KALADY,
         ERNAKULAM DISTRICT - 683 587.(SUB EDITOR,
         CRIME INVESTIGATION,M.D.PUBLICATIONS,
         P.B.NO.1962,VYTTILA, KOCHI - 682 019).
         BY ADVS.
         DR.V.N.SANKARJEE
         SRI.V.N.MADHUSUDANAN
         SRI.S.SIDHARDHAN
         SMT.M.SUSEELA
         SMT.R.UDAYA JYOTHI
         SRI.M.M.VINOD

RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD,ERNAKULAM - 682 030.
    2     THE REVENUE DIVISIONAL OFFICER
          FORTKOCHI - 682 001.
    3     THE TAHSILDAR
          NORTH PARUR - 683 520,ERNAKULAM DISTRICT.
    4     THE VILLAGE OFFICER
          KUNNUKARA VILLAGE,KUNNUKARA P.O.,
          ERNAKULAM DISTRICT - 683 578.
    5     THE KUNNUKARA VILLAGE PANCHAYAT
          KUNNUKARA P.O., ERNAKULAM DISTRICT - 683 578,
          REPRESENTED BY ITS SECRETARY.
    6     THE STATE CHIEF PLANNER
          CIVIL STATION, KAKKANAD,ERNAKULAM - 682 030.
    7     THE DISTRICT CHIEF PLANNER
          CIVIL STATION, KAKKANAD,ERNAKULAM - 682 030.
    8     THE LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENER,AGRICULTURAL OFFICER,
          KRISHI BHAVAN,KUNNUKARA PANCHAYAT, KUNNUKARA
          P.O.,ERNAKULAM DISTRICT - 683 578.
 WP(C).No.21230/2017

                                   2



    9          RAMACHANDRAN
               S/O.NARAYANAN NAIR, AGED ABOUT 47,
               GEETHA SADANAM, AKULATH PADINJARE VEEDU,
               KUNNUKARA VILLAGE, PARUR TALUK,
               ERNAKULAM DISTRICT - 683 578.
    10         MOLLY BABU
               W/O.BABU PATHADAN, AGED ABOUT 52,
               PATHADAN HOUSE, DOOR NO.236A, CHALAKUDY,
               NEAR CHALAKUDY AWARD BHAVAN, CHALAKUDY P.O.,
               THRISSUR DISTRICT - 680 307.
    11         TONY JOSE
               S/O.JOSE, AGED ABOUT 32, PADINJAKKARA HOUSE,
               DOOR NO.ANRA-10, KUDAPPUZHA,
               ANAMALA ROAD,CHALAKUDY P.O.,
               THRISSUR DISTRICT - 680 307.
    12         DAVIS PULLAN
               S/O.ANTONY PULLAN, AGED ABOUT 55,
               PULLAN HOUSE, WEST CHALAKUDY,CHALAKUDY P.O.,
               THRISSUR DISTRICT - 680 307.
    13         SOJAN
               S/O.AUGUSTINE, AGED ABOUT 60,
               KALLARAKKAL HOUSE,POYYA PANCHAYAT,
               PALLIPPURAM VILLAGE, MALA,PALLIPPURAM P.O.,
               KODUNGALLOOR TALUK,THRISSUR DISTRICT - 680 732.
               BY ADVS.
               SRI.A.T.ANILKUMAR

OTHER PRESENT:

               SRI.B.S.SYAMANTAK, GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   31.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.21230/2017

                                      3




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.21230 of 2017
             ----------------------------------------------
            Dated this the 31st day of May, 2024


                             JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing respondents 1 to 8 to dispose of Exts. P1 and P3 in accordance with law at the earliest and within a definite time frame as set by this Honourable Court;

ii. Direct respondents 1 to 8 to adopt legal steps to restore the original position of the paddy land having extent 2 acres comprised in Sy. No.432/1A2 & 1A3 and 493/9A of Kunnukara Village and direct respondents 1 to 5 to recover 60 cents of river puramboke situating adjoining the said 2 acre;

iii. Pass such other orders as this Honourable Court deems fit and necessary in the facts and circumstances of the case.

(SIC)

2. The main prayer in this writ petition is against the

alleged illegal construction encroaching river puramboke.

This writ petition is listed in the defect list because service of

notice to the 13th respondent is not complete. I am of the

considered opinion that this writ petition need not be retained

here.

3. If there is any surviving grievance to the petitioner,

he can approach the competent authority among the

respondents with appropriate representation and if such a

representation is received, the competent authority will

consider the same with notice to the petitioner and the party

respondents, including the 13th respondent.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 21230/2017

PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE REPRESENTATION DATED 05.12.2016 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P2. TRUE COPY OF THE LETTER DATED 24.01.2017 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 24.04.2017 SUBMITTED BY THE PETITIONER OT THE 1ST RESPONDENT, WITH RECEIPT. EXHIBIT P4. TRUE COPY OF PHOTOGRAPHS (8 NOS.).