Disposed

Biju Chirattavayalil v. State of Kerala

Kerala HC30 Jun 2014WP(C)/9400/2012

Case brief

AI extract

What is this about?

The High Court, Ernakulam, addressed a petition seeking direction to remove encroachers from purnamboke land. Observing that alternate land and assistance were pending for the encroachers, the court held no further direction against the State was needed but directed the authority to vacate the encroachment earliest.

What did the court decide?

Directed the respondent authority to ensure the encroachment in the purnamboke land is vacated at the earliest.

Biju Chirattavayalil Vs State of Kerala — Land Acquisition | Kerala HC (2014)

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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 A.M.SHAFFIQUE

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MONDAY, THE 30TH DAY OF JUNE 2014/9TH ASHADHA, 1936

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WP(C).No. 9400 of 2012 (Y)

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PETITIONER(S):

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BIJU CHIRATTAVAYALIL, AGED 46 YEARS, S/O.JOSEPH, CHIRATTAVAYALIL HOUSE, THOPPIPPALA KARA, AYYAPPANCOIL VILLAGE, IDUKKI DISTRICT.

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BY ADV. SRI.A.C.DEVASIA

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2. DISTRICT COLLECTOR, IDUKKI, CIVIL STATION, KUYILUMALA, PYNAVU, IDUKKI 685 509.

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3. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT OFFICE, MUSEUM JUNCTION, THIRUVANANTHAPURAM 695 002.

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4. ASSISTANT ENGINEER, PUBLIC WORS DEPARTMENT, KATTAPPANA, IDUKKI DISTRICT 685 508.

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5. A.G.MADHAVANKUTTY, KOMBANANIPUZHA KARA, SWARAJ, THOPPIPALA KARA, AYYAPANCOIL VILLAGE, IDUKKI DISTRICT. 685 507.

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6. KUTTAN,

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KODYIYANTHARAPPEL HOUSE, SWARAJ, THOPPIPALA KARA, AYYAPANCOIL VILLAGE, IDUKKI DISTRICT 685 507.

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R1- 4 BY GOVERNMENT PLEADER SRI.MUHAMMED SHAFI. M R5 BY ADV. SRI.S.PRASANTH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9400 of 2012 (Y)

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APPENDIX

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PETITIONER(S) EXHIBITS

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

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EXHIBIT P1. TRUE COPY OF THE PARTITION DEED DATED 27.8.2008. EXHIBIT P2. TRUE COPY OF THE ACQUISITION REPORT BY THE SPECIAL DEPUTY COLLECTOR, IDUKKI DATED 29.8.1973.

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EXHIBIT P3. TRUE COPY OF THE INFORMATION FROM THE SCHEDULED DEVELOPMENT OFFICE OF BLOCK PANCHAYATH KATTAPPANA DATED 4.4.2011.

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EXHIBIT P4. TRUE COPY OF THE INFORMATION DATED 28.4.2011 FROM THE KANJIYAR GRAMA PANCHAYATY.

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EXHIBIT P5. TRUE COPY OF THE REPRESENTATION DATED 7.6.2011. EXHIBIT P6. TRUE COPY OF THE REPRESENTATION DATED 14.11.2011 BEFORE THE SUB COLLECTOR, DEVIKULAM.

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EXHIBIT P7. TRUE COPY OF THE REPRESENTATION DATED 7.6.2011 BEFORE THE 4TH RESPONDENT.

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EXHIBIT P8. TRUE COPY OF THE DIRECTION DATED 20.12.2011 FROM THE 4TH RESPONDENT TO THE TALUK SURVEYOR, UDUMBANCHOLA.

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RESPONDENTS' EXHIBITS

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R4(A): TRUE COPY OF THE LETTER DATED 18/6/2012

/ TRUE COPY /

P.S. TO JUDGE

A.M.SHAFFIQUE, J.

W.P.(C).No. 9400 of 2012

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Dated this the 30^th day of June, 2014

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J U D G M E N T

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Petitioner has approached this Court seeking for a direction to respondents 1 to 4 to remove the unlawful encroachers, namely respondents 5 and 6 from the southern side of property covered by Ext.P1, by initiating proceedings under Section 15 of the Kerala Highway Protection Act, 1999.

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The 4^th respondent has filed a counter affidavit inter alia stating that the 5^th and 6^th respondents were given alternate land at Murikkattukudy and necessary financial assistance for constructing new houses. But so far intimation was not received from the Panchayat regarding the allotment of alternate land for shifting.

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Having regard to the aforesaid factual situation, I do not think that any further direction is required to be issued to the respondents 1 and 2. However, it is made clear that the respondent authority should ensure that the encroachment in the puramboke land is vacated at the earliest.

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Sd/

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A.M.SHAFFIQUE, JUDGE

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jm/

Biju Chirattavayalil v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biju Chirattavayalil v. State of Kerala

Case brief

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