Partly allowed

Mary & Another v. State of Kerala & Others

Kerala HC26 Mar 2010WP(C)/30556/2007

Case brief

AI extract

What is this about?

In a writ petition challenging the Kerala Lokayuktha's direction to evict encroachment from road puramboke land while assignment proceedings were pending, the Court ordered the land assignment to be finalized within five months before deciding on conservancy proceedings.

What did the court decide?

Land assignment proceedings regarding the subject land to be finalized within five months; conservancy proceedings to be finalized thereafter based on that decision.

Mary & Another Vs State of Kerala & Others — Land Acquisition | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

¶4

FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932

¶5

WP(C).No. 30556 of 2007(K) --------------------------

¶6

PETITIONER(S):

¶7

¶8

MARY, ROADRIKATHU VEEDU, ERUMBUPALAM, KARIMANKODE P.O., NEDUMANGAD.

¶9

G.SELVARAJ, S/O.GEORGE KUTTY, ROADRIKATHU VEEDU, ERUMBUPALAM, KARIMANKODE P.O., NEDUMANGAD.

¶10

BY ADV. SRI.P.V.KUNHIKRISHNAN

¶11

RESPONDENT(S):

¶12

¶13

STATE OF KERALA, REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT, TRIVANDRUM.

¶14

TAHSILDAR, NEDUMANGAD.

¶15

DISTRICT COLLECTOR, TRIVANDRUM.

¶16

MADHUKUMAR, S/O.THANKAPPAN, VIJAYAVILASAM, CHIPPANCHIRA, ELAVUPALAM, KARUMALKODE P.O., PALODE, PERIMALA VILLAGE, THIRUVANANTHAPURAM - 16.

¶17

KERALA LOK AYUKTHA REPRESENTED BY ITS DEPUTY REGISTRAR, TRIVANDRUM.

¶18

GOVERNMENT PLEADER SMT. SMITHA SUKUMARAN

¶19

R4 BY ADV. SRI.L.MOHANAN

¶20

SRI.M.MOHAMMED BASHEER

¶21

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

WP(C).No. 30556 of 2007

¶23

EXHIBITS

¶24

PETITIONER'S EXHIBITS

¶25

P1:- COPY OF THE RESIDENTIAL CERTIFICATE ISSUED BY THE PANGODE GRAMA PANCHAYATH DT. 23.12.03

¶26

P2:- COPY OF THE RATION CARD ISSUED TO THE PETITIONER'S FAMILY

¶27

P3:- COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.14.12.04

¶28

P4:- COPY OF THE LETTER NO.58610/U3/2006/REV. DT.29.12.06

¶29

P5:- COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE LOK AYUKTA DT.7.11.06

¶30

P6:- COPY OF THE ORDER DT.3.8.07 OF THE HONOURABLE LOK AYUKTHA

¶31

P7:- COPY OF THE PLAINT IN O.S. NO. 546/07 DT.27.9.07

¶32

P8:- COPY OF THE MANGALAM DIALY DT. 30.9.07

¶33

//TRUE COPY//

¶34

PA TO JUDGE

¶35

THOTTATHIL B. RADHAKRISHNAN, J.

¶36

WP (C) NO. 30556 of 2007

¶37

Dated this the 26^th day of March, 2010

¶38

J U D G M E N T

¶39

Petitioners challenge Exhibit P6 decision of the Kerala Lokayuktha. The fourth respondent moved the Lokayuktha alleging that Government Officials are not removing encroachments from the 'road puramboke'. The Lokayuktha called for a report from the PWD road section Assistant Engineer. He reported that there is encroachment of 2.59 cents. The Lokayuktha ordered that necessary steps shall be taken in accordance with law, to evict the encroachments and to file report. The said direction cannot be said to be unlawful because the only direction is to take necessary steps in accordance with law to evict encroachments. The plea of the petitioners is that, from 2004 the application is pending for assignment of the land in question. Some time in 2006 the official respondents took the stand that the land sought to be assigned lies

¶40

¶41

WP (C) NO. 30556 of 2007

¶42

adjacent to forest land and therefore clearance from forest department is necessary and further information may be obtained from the District Collector.

¶43

The Land Conservancy Act, Land Assignment Act and rules, framed thereunder show that when the application for assignment of land in possession of some person, is under considered action of the competent authority, proceedings under Land Conservancy Act will not be taken to its logical end. If an application for assignment was obtained in 2004 and the competent authority had identified an objection relatable to that land in 2006, one wonders why such proceedings are still lying before the officials in 2010. Taking the aforesaid facts and circumstances into consideration, it is ordered that the land assignment proceedings evidenced by Exhibit P3 and P4 shall be finalized within a period of five months from now and land conservancy proceedings following the direction of the Lokayuktha would be finalised on the basis of the

¶44

WP (C) NO. 30556 of 2007

¶45

¶46

decision in the land assignment proceedings. It is clarified that, the fourth respondent's plea that the land assignment proceedings does not relate to the land involved in the complaint before the Lokayuktha would also be properly considered. Writ petition ordered accordingly.

¶47

THOTTATHIL B. RADHAKRISHNAN, JUDGE.

¶48

rkc

Mary & Another v. State of Kerala & Others

Case brief

What is this about?

What did the court decide?

Mary & Another v. State of Kerala & Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mrs.Roy Vs Dr.M.Beena, Dist.Collector

A.G.Ambili Vs the Project Officer

P.T.Johnson Vs the Deputy Chief Engineer

N.Vimala Vs State of Kerala

M/S. Model Medi Daignostic Centre Vs the Sales Tax Officer

Kallettumkara Service Co-Operative Bank Vs Registrar of Co-Op Societies