The PIL appealed encroachment claims and directed the Deputy Director of Surveys to consider the petitioner's additional representation on survey issues.
Direction to additional respondent to consider Ext.P14 and pass appropriate orders within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933
WP(C).No. 13297 of 2011(J)
--------------------------
PETITIONER(S):
KRISHNAN NAIR, AGED 67 YEARS, CHOLLANAL HOUSE IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM.
BY ADV. SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
SMT.D.S.THUSHARA
RESPONDENT(S):
1. THE SUPERINTENDENT OF SURVEYS,
ERNAKULAM - 682 031.
2. TALUK SURVEYOR, KUNNATHUNADU, ERNAKULAM DISTRICT - 31.
3. RAYAMANGLAM PANCHAYATH, REPRESENTED BY ITS SECRETARY, RAYAMANGLAM P.O., PERUMBAVOOR, ERNAKULAM - 683 545.
4. OUSEPH KURIAKO, KURIAPURAM, IRINGOLE P.O., PERUMBAVOOR ERNAKULAM - 683 548.
5. THE TAHSILDAR, PERUMBAVOOR, ERNAKULAM - 683 545.
ADDL.RESPONDENT IMPLEADED
6. THE DEPUTY DIRECTOR OF SURVEYS, ERNAKULAM - 682 031.
R1,R2,R3,R5 & R6 BY GOVT. PLEADER SMT. SANJEETHA R4 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BKA
WP(C).No. 13297 of 2011(J)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | COPY OF THE | JUDGMENT DATED 30.05.06 IN WP(C) 13993/06. |
|---|---|---|
| EXT.P2 | COPY OF THE | REPORT DATED 16.11.2007 WITH SKETCH. |
| EXT.P3 | COPY OF THE 07.02.2007. |
PROCEEDINGS TO THE 3RD RESPONDENT DATED |
| EXT.P4 | COPY OF THE 330/2008 DAT |
ORDER PASSED BY THE OMBUDSMAN IN OP ED 03.06.2008. |
| EXT.P5 | COPY OF THE | JUDGMENT DATED 22.07.2008 IN 20934/2008. |
| EXT.P6 | COPY OF THE OMBUDSMAN IN |
ORDER DATED 22.09.2010 PASSED BY THE COMPLAINT NO.330/2008. |
| EXT.P7 | COPY OF THE | LETTER DATED 06.11.2010. |
| EXT.P8 | COPY OF THE | ORDER DATED 22.12.2010. |
| EXT.P9 | COPY OF THE | REPRESENTATION DATED 19.02.2011. |
| EXT.P10 | COPY OF THE DATED 22.02. |
COMMUNICATION SENT BY THE 3RD RESPONDENT 2011. |
| EXT.P11 | COPY OF THE | REPRESENTATION DATED 25.02.2011. |
| EXT.P12 | COPY OF THE THE PETITION |
REPRESENTATION DATED 08.03.2011 FILED BY ER. |
| EXT.P13 | COPY OF THE DATED 20.06. |
COMMUNICATION SENT BY THE 1ST RESPONDENT 2011. |
| EXT.P14 | COPY OF THE THE DEPUTY D |
APPEAL BY THE PETITIONER SUBMITTED BEFORE IRECTOR ON 07.07.2011. |
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
BKA
ANTONY DOMINIC, J.
W.P.(C) No. 13297 OF 2011
Dated this the 30th day of November, 2011
J U D G M E N T
Complaining of encroashment of Thodu puramboke by the 4th respondent, petitioner has approached this court. During the pendency of the writ petition he has filed I.A.17252/11 producing a copy of Ext.P14 representation made to the additional 6th respondent complaining of the above matter and also seeking appropriate survey of the Thodu in question.
the date of receipt of a copy of this judgment along with a copy of this writ petition and the I.A. mentioned above.
The writ petition is disposed of as above.
ul/-
Sd/- ANTONY DOMINIC, JUDGE [true copy] P.S. to Judge
KRISHNAN NAIR
SMT.A.R.PRAVITHA
SMT.D.S.THUSHARA
THE SUPERINTENDENT OF SURVEYS, ERNAKULAM
TALUK SURVEYOR, KUNNATHUNADU, ERNAKULAM DISTRICT
RAYAMANGLAM PANCHAYATH
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
