Disposed

P.K.Viswanathan v. Adat Grama Panchayath and Others

Kerala HC17 Feb 2012WP(C)/3551/2012

Case brief

AI extract

What is this about?

Writ petition alleging unauthorized construction on river bank and puramboke land. Court directed 3rd respondent to consider petitioner's complaint and regulate the matter within two weeks after receipt of survey book copy.

What did the court decide?

Directed 3rd respondent to consider petitioner's complaint and take appropriate action with due notice to 1st and 2nd respondents within two weeks.

P.K.Viswanathan Vs Adat Grama Panchayath and Others — Writ and Judicial Review | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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FRIDAY, THE 17TH DAY OF FEBRUARY 2012/28TH MAGHA 1933

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WP(C).No. 3551 of 2012 (T)

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PETITIONER :

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P.K.VISWANATHAN, S/O. PANDIRIKKAL KUTTAPPU, PUZHAKKAL POST, THRISSUR DISTRICT PIN CODE 680553

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BY ADV. SRI.P.BHASKARAN

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RESPONDENT(S):

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1. ADAT GRAMA PANCHAYATH

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REPRESENTED BY ITS SECRTARY, POST ADAT THRISSUR DISTRICT, PIN CODE 680551

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2. ADAT GRAMAPANCHAYTH TOURISM PROMOTION

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COUNCIL REPRESENTED BY ITS SECRTARY POST ADAT THRISSUR DISTRICT 680551

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3. THE DISTRICT COLLECTOR,

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THRISSUR, PIN- 680003

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R3 BY GOVT. PLEADER SRI. MUHAMMED SHAFI M.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 3551 of 2012 (T)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P1: TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED IN FAVOUR OF SRI.KUTTAPPU, FATHER OF THE PETITIONER DT 14/8/1974

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EXT.P2: TRUE COPY OF THE LOCATION CERTIFICATE IN RESPECT OF THE LANDED PROPERTY OWNED AND POSSESSED BY THE PETITIONER DT 24/7/2007

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EXT.P3: TRUE COPY OF THE SURVEY AND FILED BOOK IN RESECT OF SURVEY NO.258 PUZHAKKAL VILLAGE.

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EXT.P4: TRUE COPY OF THE BASIC TAX REGISTER IN RESPECT OF SURVEY NO.258/10, 258/12 AND 258/13 ISSUED BY THE VILLAGE OFFICER, PUZHAKKAL.

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EXT.P5: TRUE COPY FO THE PHOTOGRAPHS SHOWING UNAUTHORISED CONSTRUCTIONS IN THE RIVER AND REVER BANK

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EXT.P6: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH A COPY TO THE 3RD RESPONDENT

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

C.K. ABDUL REHIM, J.

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W.P.(c) No. 3551 OF 2012-T

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DATED THIS THE 17^th DAY OF FEBRUARY, 2012

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J U D G M E N T

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Grievance voiced by the petitioner is that respondents 1 and 2, under the guise of promotion of Tourism, is encroaching into Government puramboke land and is attempting construction on the side of a River Bank, in violation of all statutory provisions and in a manner depriving right of enjoyment of the puramboke land by the petitioner for accessing to the river. It is alleged that the 2^nd respondent had started construction of concrete structures, buildings and huts in the River Bank and in the nearby puramboke land in violation of various provisions contained in the Kerala Panchayat Raj Act and the relevant Rules as well as the Kerala Land Conservancy Act etc. It is also alleged that large quantity of earth and soil has been dugged out from the river for facilitating such illegal construction. With respect to the above grievances, the

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W.P.(c) No. 3551/2012 -2-

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petitioner had submitted Ext.P6 complaint before respondents 1 and 3. Since 3^rd respondent had not taken any action on the basis of such complaint this writ petition is filed.

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Heard, Government Pleader appearing on behalf of 3^rd respondent and standing counsel for the 1^st respondent Grama Panchayat. Learned Government Pleader on the basis of instructions submitted that, the 3^rd respondent has not received Ext.P6. But learned counsel for the petitioner asserts that Ext.P6 has already been submitted to the 3^rd respondent. However, I am of the view that the allegation raised by the petitioner need be looked into by the 3^rd respondent. Hence the writ petition can be disposed of by directing the 3^rd respondent to consider the matter and to take appropriate decision.

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Under the above circumstances the writ petition is disposed of directing the petitioner to furnish a copy of Ext.P3 before the 2^nd respondent, along with a copy of this judgment, within one week from the date of receipt of a

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W.P.(c) No. 3551/2012

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-3-

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copy of this judgment. If the petitioner furnishes Ext.P6 the 3^rd respondent will consider the same and shall take appropriate action with due notice given to respondents 1 and 2, at the earliest possible.

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The needful steps shall be taken within a period of 2 weeks from the date of receipt of such representation.

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Sd/- C.K. ABDUL REHIM, JUDGE.

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AMG

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True copy

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P.A to Judge

P.K.Viswanathan v. Adat Grama Panchayath and Others

Case brief

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P.K.Viswanathan v. Adat Grama Panchayath and Others

Case brief

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