V.M. Kaladharan vs State Of Kerala
2024 Latest Caselaw 31957 Ker

Kerala High Court

V.M. Kaladharan vs State Of Kerala on 7 November, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                       &
                       THE HONOURABLE MR. JUSTICE S.MANU
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
                         WP(C) NO. 38418 OF 2024(S)

PETITIONER:


     V.M. KALADHARAN, AGED 61 YEARS, S/O MADHAVAN,
     POKKALAYIL HOUSE, AVALUKUNNU P.O., ALAPPUZHA,
     PIN - 688 006.


RESPONDENTS:


  1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
     IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, PIN - 682031.
  2. DISTRICT COLLECTOR ALAPPUZHA, FIRST FLOOR, COLLECTORATE, ALAPPUZHA,
     KERALA, INDIA, PIN - 688001.
  3. ARYADGRAMA PANCHAYATH, KOMALAPURAM, AVALUKUNNU PO, ALAPUZHA DIST.,
     REPRESENTED BY ITS SECRETARY, PIN - 688006.
  4. MANNANCHERRY GRAMA PANCHAYATH, MANNANCHERRY PO,ALAPUZHA DIST.,
     REPRESENTED BY ITS SECRETARY, PIN - 688538.
  5. TALUK SURVEYOR, AMBALAPUZHA, ALAPUZHA DISTRICT, PIN - 688561.
  6. TAHSILDAR, AMBALAPPUZA TALUK, ALAPPUZHA DISTRICT, PIN - 688561.
  7. VILLAGE OFFICER, KOMALAPURAM, AIKYABHARATHAM, ALAPPUZHA, KERALA, PIN
     - 688521.
  8. ASSISTANT EXECUTIVE LSGD ( PW), ARYAD BLOCK PANCHAYATH, KALAVOOR,
     ALAPPUZHA DISTRICT, PIN - 688522.


     Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further steps taken towards issuing pattayam to the
illegal encroachers on the either banks of Madayam thodu by respondents 1
and 6 pending disposal of this Writ Petition.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S P.F.ROSY, ANJU MARY, PHILIP.N.JOSEPH, SNEHA RAJIV & VIVEKANANDAN K.N.,
Advocates for the petitioner, M/S. R.RAJPRADEEP, SACHIN RAMESH & SREEDEVI
S., Standing Counsels for R3, SRI. V.K.BALACHANDRAN, Standing Counsel for
R4 and of SRI. K.P.HARISH, Senior Government Pleader, the court passed the
following:
                              NITIN JAMDAR, C.J.
                                         &
                                   S.MANU, J.
                       =========================
                          W.P.(C) No. 38418 of 2024
                       =========================
                    Dated this the 7th day of November, 2024

                                     ORDER

NITIN JAMDAR, C.J.

Heard Ms. P.F.Rosy, learned counsel for the Petitioner, Mr. Raj Pradeep, learned Standing Counsel for Respondent No.3, Mr. V.K.Balachandran, learned Standing Counsel for Respondent No.4 and Mr. K.P. Harish, learned Senior Government Pleader.

2. The grievance of the Petitioner is that the judgment delivered by the Division Bench of this Court in W.P.(C)No.5756 of 2017 on 1 February 2021 is not been complied with. While disposing of the writ petition filed in public interest, the Division Bench had accepted the undertaking given by the District Collector - Respondent No.2.

3. The District Collector will examine the grievance that is raised in this petition, call for necessary information and file an affidavit as regards the compliance of the judgment of this Court.

4. Post on 5 December 2024.

Sd/-

NITIN JAMDAR CHIEF JUSTICE Sd/-

S.MANU JUDGE uu 07-11-2024 /True Copy/ Assistant Registrar