Petitioner sought implementation of an order to measure disputed property to prove innocence. Court directed the assigned authority to finalize measurement within two months and maintain status quo.
The 4th respondent is directed to finalize property measurement proceedings within two months maintaining status quo.
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 P.R.RAMACHANDRA MENON
THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936
WP(C).No. 2743 of 2015 (P)
PETITIONER(S):
----------------------
SHEEBA FRANCIS, THYKOOTTATHIL, NEAR CMS BRIDGE, KANNAMALI P.O., PALLURUTHY, ERNAKULAM DISTRICT.
BY ADVS.SRI.K.R.RAJKUMAR SRI.V.P.PRASAD
RESPONDENT(S):
--------------------------
1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
2. THE SUB COLLECTOR, REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM DISTRICT - 682 001.
3. THE COMMISSIONER OF POLICE, ERNAKULAM CITY, ERNAKULAM - 682 035.
4. THE TAHSILDAR, KOCHI TALUK, FORT KOCHI P.O., ERNAKULAM DISTRICT - 682 001.
5. THE VILLAGE OFFICER, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT - 682 006.
6. T.K.AUGUSTINE, THOTTU KADAVIL, NEAR CMS BRIDGE, KANNAMALY P.O., PALLURUTHY, ERNAKULAM DISTRICT - 682 008.
7. THOMAS ALEX, THOTTU KADAVIL, NEAR CMS BRIDGE, KANNAMALY P.O., PALLURUTHY, ERNAKULAM DISTRICT - 682 008.
R1 TO R5 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE R6 & R7 BY ADV. SRI.DINESH MATHEW J.MURICKEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 2743 of 2015 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. TRUE COPY OF THE NOTICE DATED 10.11.14 ISSUED BY TAHASILDAR.
EXHIBIT P2. TRUE COPY OF THE NOTICE DATED 9.12.14 BY THE 2ND RESPONDENT.
EXHIBIT P3. TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7. THE TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
Ms v/
P.R. RAMACHANDRA MENON, J.
========================
W.P.(C). No. 2743 of 2015
-------------------------------------------Dated this the 12th day of February, 2015
JUDGMENT
The grievance of the petitioner is mainly with regard to the
non implementation of Ext.P3 order passed by the 2nd respondent. The case projected by the petitioner who is the widow is that, she is living in the property concerned along with her daughter, who is employed as a medical officer under the National Health Mission in Ernakulam Government Hospital. It is stated that the party respondents 6 and 7 are not in good terms with the petitioner and they made some wild allegations stating that the petitioner encroached the Government property and they filed a complaint before the 2nd respondent for causing the concerned property to be measured. It was after considering the said complaint, that the 2nd respondent passed Ext.P3 order on 05.01.2015, for causing measurement of the property with the help of the Taluk Surveyor. The petitioner has approached this Court seeking to implement the said order, so as to substantiate the factual position and to prove her innocence in all respects.
W.P.C. No. 2743 of 2015 -2-
7 have entered appearance. The learned counsel for the said respondents submits that, the petitioner had virtually prevented access to the said respondents by committing encroachment. If
at all there is any encroachment, then the same has to be identified and encroacher has to be evicted and there cannot be any doubt in this regard. It is with this intent that the property was ordered to be measured out as per Ext.P3. This being the position, this Court does not require any second thought to hold that the proceedings as per Ext.P3 have to be completed in the shortest possible time.
W.P.C. No. 2743 of 2015
-3-
The rights and liberties of the parties concerned to pursue appropriate remedy in accordance with law, in respect of the disputed rights are left open.
The writ petition is disposed of. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
2 issues framed by the court
Whether the order passed by the 2nd respondent directing measurement of the property should be implemented to ascertain factual position.
Whether proceedings for property measurement are directed to be completed within two months maintaining status quo.
Sheeba Francis
The District Collector
The Sub Collector
The Commissioner of Police
The Tahsildar
The Village Officer
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
