Kerala High Court
Gangadharan vs The District Collector on 3 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 30155 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 30155 OF 2024
PETITIONER:
GANGADHARAN,
AGED 71 YEARS, S/O VELAYUDHAN,
MADAPPURAM HOUSE, AIMURY KARA,
KOOVAPPADY VILLAGE,
ERNAKULAM DISTRICT, PIN - 683544
BY ADVS.
P.P.BIJU
E.JIJOBAL
SAFNA P.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
ERNAKULAMDISTRICT, COLLECT RATE, KAKKANAD,
ERNAKULAM DISTRICT., PIN - 682030
2 THE EXECUTIVE ENGINEER,
PERIYAR VALLEY IRRIGATION PROJECT DIVISION NO.1,
PERUMBAVOOR, IRINGOLE.P.O., PATTAL,
ERNAKULAM DISTRICT, PIN - 683548
3 THE ASSISTANT ENGINEER,
PERIYAR VALLEY IRRIGATION PROJECT SECTION NO.1/11,
PERUMBAVOOR, IRINGOLE.P.O., PATTAL,
ERNAKULAM DISTRICT, PIN - 683548
4 THE TAHSILDAR,
KUNNATHUNADUTALUK OFFICE, CIVIL STATION,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683543
5 THE VILLAGE OFFICER,
KOOVAPPADY VILLAGE OFFICE, KOOVAPPADY.P.O.,
ERNAKULAM DISTRICT, PIN - 683544
W.P.(C) No. 30155 of 2024
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6 KOOVAPPADY GRAMA PACHAYAT,
REPRESENTED BY ITS SECRETARY, AIMURY,
KOOVAPPADY.P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 683544
7 KUTTIKRISHNAN,
ANUGRAHA HOUSE, AIMURY,
KOOVAPPADY.P.O.,PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 683544
BY ADVS.
SRI.N.N.SUGUNAPALAN (Sr.)
SUJIN S - R7
NITA.N.S.(K/353/2003)
DEEPA V., GP
SRI.R.RANJITH - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 30155 of 2024
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JUDGMENT
The petitioner claims to be the owner in possession of 0.95 Ares
of land which consist of a residential building in Koovappady Village,
Ernakulam District. According to him, there is a puramboku land just
in front of his property which belongs to the Periyar Valley Irrigation
Project and the respondent No.7 has encroached into the above said
puramboku land and constructed a shed therein. The grievance of the
petitioner is that even though he has submitted complaints before the
respondents alleging the encroachment, no steps have been taken by
them to evict the respondent No.7. It is in these circumstances, the
petitioner has approached this Court.
2. I have heard Sri.P.P.Biju, the learned counsel for the
petitioner, Sri.N.N.Sugunapalan, the learned Senior Counsel as
instructed by Sri.S.Sujin, the learned counsel for the respondent No.7
and Smt.Deepa V., the learned Government Pleader.
3. The learned Senior Counsel for the respondent No.7
submits that the respondent No.7 has not encroached into the
puramboku land as alleged by the petitioner. The learned senior
counsel further submits that the question regarding the
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encroachment is already pending before the Tahsildar concerned and
Tahsildar has initiated proceedings to fix the boundary of the property.
The question whether the respondent No.7 has encroached into the
puramboku land is a disputed question of fact. Hence, the respondent
No.1 is directed to consider the complaint preferred by the petitioner
alleging encroachment into the puramboku land and take a decision
on it, in accordance with law, after hearing the petitioner as well as
the respondent No.7, within a period of three months from the date of
receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 30155/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPLY DATED 23.02.2024 SENT BY
THE 5TH RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P2 TRUE COPY OF THE REPLY DATED 07.03.2024 SENT BY
THE 3RD RESPONDENT TO THE 6TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE LETTER NO.A2-2255/2023/PTN DATED
29.06.2024 ISSUED BY THE 2ND RESPONDENT TO THE 1ST
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 05.07.2024
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 20.07.2024 ISSUED
BY THE OFFICE OF THE 1ST RESPONDENT TO THE
PETITIONER
