A writ petition filed by a land possessor seeking removal of an alleged illegal construction by third parties blocking his building entrance. The court directed the respondents to remove any illegal construction found within a month.
Direction to the competent respondent to remove any illegal construction in the premises within one month.
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 SHAJI P.CHALY
WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938
WP(C).No. 17612 of 2016 (B) ----------------------------
PETITIONER(S):
BASHEER, S/O.UNNIYALI, AGED 42 YEARS, PULIYANAM KUNNATH HOUSE, POST NELLAYA, PALAKKAD DISTRICT.
BY ADVS.SRI.C.M.MOHAMMED IQUABAL SRI.ANILKUMAR V. (VAZHARAMBIL)
RESPONDENT(S):
| 1. |
THE ADDITIONAL DISTRICT MAGISTRATE, OTTAPALAM, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, POST OTTAPPALAM, PALAKKAD DISTRICT ,PIN: 679 101. |
|---|---|
| 2. |
THE VILLAGE OFFICER, NELLAYA VILLAGE OFFICE, POST NELLAYA, PALAKKAD DISTRICT, PIN: 679 335. |
| 3. |
NELLAYA GRAMA PANCHAYATH, POST NELLAYA, PALAKKAD DISTRICT, PIN: 679 335., REPRESENTD BY ITS SECRETARY. |
| 4. |
THE SECRETARY, NELLAYA GRAMA PANCHAYATH, |
| POST NELLAYA, PALAKKAD DISTRICT-679 335. | |
| 5. |
THE SUB INSPECTOR OF POLICE, CHERPULASSERY POLICE STATION, POST CHERPULASSERY, PALAKKAD DISTRICT-679 503. |
| 6. |
MR.VASUDEVAN, MELETHIL HOUSE, POST NELLAYA, PALAKKAD DISTRICT, PIN: 679 335. |
| 7. |
MR.VISHNU, S/O.VASUDEVAN, MELETHIL HOUSE, POST NELLAYA, PALAKKAD DISTRICT, PIN: 679 335. |
PJ
....2/-
..2..
WP(C).No. 17612 of 2016 (B)
8. MR.PRABHEESH, S/O.BALAKRISHNAN, MELETHIL HOUSE, POST NELLAYA, PALAKKAD DISTRICT, PIN: 679 335.
*** ADDL.R9 & R10 IMPLEADED**
9. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, OTTAPPALAM, POST OTTAPPALAM, PALAKKAD DISTRICT-679101.
10. TAHSILDAR, OTTAPPALAM TALUK, POST OTTAPPALAM, PALAKKAD DISTRICT-679101.
ADDL.R9 & R10 ARE IMPLEADED AS PER ORDER DATED 8/6/16 IN IA.8026/2016.
R1,R2,R5,9&10 BY GOVERNMENT PLEADER SRI.RON BASTIAN R6-R8 BY ADVS. SRI.R.SREEHARI
SRI.SACHIN VYAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 17612 of 2016 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
SHAJI P. CHALY, J.
W.P.(C)No.17612 of 2016
Dated this the 23rd day of November, 2016
J U D G M E N T
Petitioner is in possession of 30.500 cents of land in
Survey No.169/3 of Nellaya Village and paying land tax for the same. Petitioner has constructed a building in said property and doing business. The property is situated near to Chendram road. According to the petitioner, there is no other property of Puramboke land in between the building of the petitioner and the aforesaid road. It is also stated respondents 6 to 8 constructed a temporary shed in between the tarred portion of the road and the property of the petitioner blocking the entrance to the building of the petitioner. Since, petitioner was of the opinion that it was an illegal construction, petitioner has filed Ext.P3 complaint, before the respondents 1 to 5 to remove the illegal construction. However, no action was initiated by the said respondents and it was in this background, petitioner has filed this
W.P.(C)No.17612 of 2016 2
writ petition seeking appropriate direction.
appearing for the respondents 6 to 8.
Writ petition is disposed of accordingly.
Sd/- SHAJI P. CHALY, JUDGE.
rmm/24/11/2016
[ True copy]
P.A. to Judge
1 issue framed by the court
Whether the respondents constructed an illegal structure blocking the petitioner's entrance.
Basheer, S/O. Unniyali
The Additional District Magistrate, Ottapalam
The Village Officer, Nellaya Village Office
Nellaya Grama Panchayath
The Secretary, Nellaya Grama Panchayath
Mr. Vasudevan
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
