Shyamala Bhaskaran vs State Of Kerala
2024 Latest Caselaw 29493 Ker

Kerala High Court

Shyamala Bhaskaran vs State Of Kerala on 17 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C).No.4254/2024

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                                                 2024:KER:77069
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                       WP(C) NO. 4254 OF 2024

PETITIONER:

            SHYAMALA BHASKARAN, AGED 60 YEARS
            PARAKKUNATH, CHOOLUR PO NIT KOZHIKODE - 673601


            BY ADVS. ARUN KRISHNA DHAN
            T.K.SANDEEP
            ARJUN SREEDHAR, ALEX ABRAHAM
            SWETHA R., HARIKRISHNAN P.B.


RESPONDENTS:

     1      STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
            PUBLIC WORKS DEPARTMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

     2      TALUK SURVEYOR
            TALUK OFFICE KOZHIKODE, PIN - 673601

     3      ASSISTANT ENGINEER
            OFFICE OF THE ASST. ENGINEER, PWD (ROADS)
            KUNNAMANGALAM, PIN - 673571


            SRI.RAJEEV JYOTHISH GEORGE, GP


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.4254/2024

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                                                             2024:KER:77069


                                JUDGMENT

Heard the learned counsel for the petitioner and the

learned Government Pleader.

2. The prayer in this writ petition is as follows:

"Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3 rd respondent and officers/men under this command, not to encroach into the petitioner's property covered by Ext.P1 title deed pending the finalization of Ext.P6 proceedings of the 2nd respondent Taluk Surveyor for fixation of the boundary of the road."

The learned Government Pleader has filed a memo as

directed by this Court. In the memo, it is stated that Ext.P6

proceedings has been finalized. Hence, the prayer has become

infructuous. Accordingly, this writ petition is closed.

SD/-

DR. KAUSER EDAPPAGATH JUDGE kp

2024:KER:77069 APPENDIX OF WP(C) 4254/2024

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF TITLE DEED NO.2432/1988 EXECUTED IN FAVOR OF PETITIONER

Exhibit P2 TRUE COPY OF LAND TAX RECIPT DATED 31.07.2023

ExhibitP3 TRUE COPY OF LETTER DATED 14.11.2023 ISSUED BY 3RD RESPONDENT

Exhibit P4 TRUE COPY OF FORM 10 APPLICATION DATED IN 20.11.2023 ALONG WITH RECEIPT DATED IN 21.11.2023

Exhibit P5 TRUE COPY OF LETTER DATED IN 22.11.2023 ISSUED BY PETITIONER TO 3RD RESPONDENT

Exhibit P6 TRUE COPY OF NOTICE IN FORM 12 DATED NIL ISSUED BY 2ND RESPONDENT