Disposed

Kripa v. District Collector

Kerala HC28 Jan 2016WP(C)/1236/2010

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed alleging encroachment on government land by the sixth respondent. The Court held that the petitioner should file a fresh complaint before the District Collector, who would then take a decision after hearing the petitioner. The petition was disposed of accordingly without costs. No substantive legal principle was laid down beyond directing

What the court decided

AI extract

Kripa Vs District Collector — Writ and Judicial Review | Kerala HC (2016)

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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.MUHAMED MUSTAQUE

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THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937

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WP(C).No. 1236 of 2010 (D)

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PETITIONER(S) :

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1. KRIPA, W/O.K.V.SANTHOSH, M.K.HOUSE, PIRAYIRI (P.O), PALAKKAD.

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2. MANJU KRISHNAN, W/O.SAJAN R.NAIR, KINAYATH VEEDU, PIRAYIRI (P.O), PALAKKAD.

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BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.RAJAN VELLOTH SRI.A.S.SABU SRI.BENOJ C AUGUSTIN

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RESPONDENT(S) :

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1. THE DISTRICT COLLECTOR, PALAKKAD.

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2. THE REVENUE DIVISIONAL OFFICER, PALAKKAD.

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3. TAHSILDAR, PALAKKAD.

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4. THE EXECUTIVE ENGINEER, ROADS DIVISION, PALAKKAD.

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5. VILLAGE OFFICER, PIRAYIRI VILLAGE, PALAKKAD DISTRICT.

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6. BALAN, S/O.MUTHU, THARAVATHPADI, PIRAYIRI (P.O), PALAKKAD.

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R1 TO R5 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN R6 BY ADV. SRI.JACOB SEBASTIAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 1236 of 2010 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE DOCUMENT NO.8585/2007 OF THE SRO, PALAKKAD DATED 07.11.2007.

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EXHIBIT P2: TRUE COPY OF THE LAND TAX RECEIPT DATED 28.12.2009.

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EXHIBIT P3: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29.12.2009.

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EXHIBIT P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29.05.2009.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

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W.P.(C).No.1236/2010

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Dated this the 28^th Day of January, 2016

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J U D G M E N T

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The petitioners have approached this Court alleging

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encroachment on their property by the sixth respondent.

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The petitioners allege that the sixth respondent has also

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encroached upon a public pathway and therefore, action can be

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initiated against the sixth respondent. Ext.P4 is the complaint filed by

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the petitioner against the sixth respondent.

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This writ petition is filed in the year 2010. If the petitioner

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has a case that the sixth respondent has illegally encroached upon

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Government land, the petitioner is free to make fresh complaint

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before the District Collector. If any fresh complaint is filed, the

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W.P.(C).No.1236/2010

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-:2:-

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District Collector shall consider the same and take a decision in the

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matter afresh after hearing the petitioner.

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The writ petition is disposed of as above. No costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Kripa v. District Collector

Case brief

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What the court decided

Kripa v. District Collector

Case brief

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