Allowed

Cherian Mathew v. District Collector,Kottayam

Kerala HC25 Jul 2011WP(C)/6507/2007

Case brief

AI extract

What is this about?

Petitioners filed a writ petition against government officials and encroachers for unauthorized construction on a public road. The court observed the authorities' inaction despite admitted encroachment and directed removal of encroachments.

What did the court decide?

Direction to respondents 1 to 5 to remove encroachment by respondents 6 to 8 from government land on Pallom-Mavilanga Road within six months.

Cherian Mathew Vs District Collector,Kottayam — Landlord and Tenant | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

¶4

MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933

¶5

WP(C).No. 6507 of 2007(Y) ------------------------------------

¶6

PETITIONERS:

¶7

---------------------

¶8

1. CHERIAN MATHEW, S/O. V.T.MATHEW, AGED 55, NEDUMPARAMBIL, PALLAM P.O., KOTTAYAM.

¶9

2. MARY CHERIAN, NEDUMPARAMBIL, PALLAM P.O., KOTTAYAM.

¶10

BY ADV. SRI.BECHU KURIAN THOMAS.

¶11

RESPONDENTS:

¶12

------------------------

¶13

1. DISTRICT COLLECTOR, KOTTAYAM.

¶14

2. REVENUE DIVISIONAL OFFICER, KOTTAYAM.

¶15

3. EXECUTIVE ENGINEER, P.W.D ROAD DIVISION, KOTTAYAM.

¶16

4. THAHASILDAR, KOTTAYAM TALUK, KOTTAYAM.

¶17

5. SECRETARY, NATTAKOM PANCHAYAT, KOTTAYAM.

¶18

6. GOVINDAN, S/O. ITTIADI DAMODARAN, BUCHANA POTHUVAL, OPP. CMS HIGH SCHOOL, PALLOM P.O., KOTTAYAM.

¶19

7. PAVITHRAN @ APPIAN, BUCHANA POTHUVAL, OPP. CMS HIGH SCHOOL, PALLOM P.O., KOTTAYAM.

¶20

W.P.(C). NO.6507/2007-Y:

¶21

8. KRISHNANKUTTY AMMU, BUCHANA POTHUVAL, OPP. CMS HIGH SCHOOL, PALLOM P.O., KOTTAYAM.

¶22

R1 TO R4 BY GOVT. PLEADER SRI. L.G. SURESH BABU, R5 BY ADV. SRI.N.UNNIKRISHNAN, R6 BY ADVS. SRI.JOHN JOSEPH VETTIKAD, SRI.JOSEPH ABRAHAM (KOTTAYAM).

¶23

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

W.P.(C). NO.6507/2007-Y:

¶25

APPENDIX

¶26

PETITIONERS' EXHIBITS:

¶27

EXT.P.1: COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER OF NATTAKOM VILLAGE ON 20/08/01 FOR PART OF PETITIONERS PROPERTY.

¶28

EXT.P.2: COPY OF THE PETITION DTD. 03/12/2003 FILED BY THE PETITIONERS BEFORE RESPONDENTS 4 AND 5.

¶29

EXT.P.3: COPY OF THE NOTICE ISSUED BY THE R.3. DTD. NIL. TO THE ENCROACHERS.

¶30

EXT.P.4: COPY OF THE REPRESENTATION DTD. 07/05/2005 SUBMITTED BY THE PETITIONERS TO THE CHIEF MINISTER.

¶31

EXT.P.5: COPY OF THE ACKNOWLEDGEMENT CARD DTD. 20/09/06 OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND, 3RD AND 4TH RESPONDENTS.

¶32

EXT.P.6: COPY OF THE PETITION DTD. 05/12/06 SUBMITTED BY THE PETITIONER TO THE R.1.

¶33

EXT.P.7: COPY OF THE PETITION DTD. 05/01/2007 SUBMITTED BY PETITIONERS TO R.1.

¶34

EXT.P.8: COPY OF THE PHOTOGRAPHS (2 IN NO.).

¶35

EXT.P.9: COPY OF THE JUDGMENT DTD. 08/07/2005 IN O.P. 13263/1998.

¶36

RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE.

Prv.

S.SIRI JAGAN, J.

==================

W.P.(C).No. 6507 of 2007

¶43

==================

¶44

Dated this the 25^th day of July, 2011

¶45

J U D G M E N T

¶46

The petitioners are residents of a locality where encroaching into

¶47

public road, respondents 6 to 8 have constructed buildings. The petitioners have filed this writ petition seeking the following relief:

¶48

“Issue a writ of mandamus or other appropriate writ, order or direction directing Respondents 1 to 5 to remove the encroachers respondents 6 to 8 from the Government land in front of the Petitioners property and situated on Pallom-Mavilanga Road, forthwith in a time bound manner.

¶49

A counter affidavit has been filed by the 3^rd respondent, in

¶50

which, it is specifically admitted that respondents 6 to 8 are encroachers into public road. They even admit that one of the encroachers has land of his own adjacent to the encroached land. Despite the same, respondents 1 to 5 are not taking any steps for evicting the encroachers. The only excuse stated in the counter affidavit is that respondents 1 to 5 want to rehabilitate the encroachers. That counter affidavit was filed as early as on 17.3.2008. Admittedly, nothing has been done even after more than 3 years. This is a deplorable situation. All along the State, the public roads are being misused by politicians and encroachers. The authorities are mute spectators of the same. My feeling is that they do not want to act because of fear of loss of votes in election. Nobody is concerned about the travails of the travelling public along the road. It is high time that

¶51

w.p.c.6507/07 2

¶52

somebody takes action in this regard. In the above circumstances, this writ petition is disposed of with a direction to respondents 1 to 5 to see that encroachments complained of in this writ petition are removed within a period of six months from today.

¶53

sdk+

¶54

Sd/S.SIRI JAGAN, JUDGE

¶55

///True copy///

¶56

P.A. to Judge

Cherian Mathew v. District Collector,Kottayam

Case brief

What is this about?

What did the court decide?

Cherian Mathew v. District Collector,Kottayam

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

Vicar, St.George'S Forane Church Vs Government of Kerala

R.Mohankumar Vs Secretary,Rta

Vinodan.v.D Vs General Manager, District Industries

Susamma Chandy Vs Pradeep Kumar IAS

K.Sanal Kumar Vs B.Mohanan

Sheena Kaimal.N Vs Dr.P.K.Velayudhan,Dy.Director Collegiate