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P.P.George v. the District Collector

Kerala HC5 Feb 2016WP(C)/38907/2015

Case brief

AI extract

What is this about?

The Kerala High Court directed the District Collector to investigate whether a bunk constructed by the 3rd respondent encroaches on puramboke land. If found true, the Collector must initiate action under the Land Conservancy Act after hearing both parties.

What did the court decide?

Direction to the District Collector to take necessary action to find out whether the bunk is in puramboke land and initiate action under the Land Conservancy Act if illegal occupation is found.

P.P.George Vs the District Collector — Land Acquisition | 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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FRIDAY, THE 5TH DAY OF FEBRUARY 2016/16TH MAGHA, 1937

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WP(C).No. 38907 of 2015 (K)

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PETITIONER :

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P.P.GEORGE AGED 73 YEARS S/O LATE POULOSE, POTTOKKARAN HOUSE OPPOSITE ST. GEORGE HIGH SCHOOL, PARIYARAM VILLAGE MUKUNDHAPURAM TALUK, THRISSUR DISTRICT

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BY ADVS.SRI.K.S.RAJESH

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SRI.M.SHAJU PURUSHOTHAMAN

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RESPONDENTS :

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THE DISTRICT COLLECTOR THRISSUR, CIVIL STATION, AYYANTHOLE THRISSUR, PIN-680 002

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THE EXECUTIVE ENGINEER PWD ROAD DIVISION, NEAR RAMANELAYAM, CHEMBUKAVU PO THRISSUR, PIN-680 020

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*ADDL.3RD RESPONDENT IMPLEADED

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ADDL.R3. DEVASSYKUTTY, S/O.PAREPPADAN ANTHONY, PAREPPADAN HOUSE, PARIYARAM.P.O, THRISSUR DISTRICT, PIN - 680 721

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*ADDL.3RD RESPONDENT IS IMPLEADED VIDE ORDER DATED 05.02.2016 IN I.A.NO.909 OF 2016

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R BY GOVERNMENT PLEADER SMT.C.K.SHERIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 38907 of 2015 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: TRUE COPY OF THE REPRESENTATION DT 8/12/15 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

A.MUHAMED MUSTAQUE, J.

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W.P.(C) No.38907 of 2015

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Dated this the 5^th day of February, 2016

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J U D G M E N T

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The petitioner alleges that, the additional 3^rd respondent encroached upon a puramboke land and put up a bunk.

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In an enquiry conducted by the Executive Engineer, PWD Roads Division, Thrissur, it is found that, the bunk is in puramboke land. The petitioner submits that, in view of the above finding, the Revenue Officials are bound to take action against the 3^rd respondent for illegal occupation of puramboke land.

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Considering the facts and circumstances of the case, there shall be a direction to the District Collector to take necessary action by himself or through his subordinates to find out whether the bunk occupied by the 3^rd respondent is in puramboke land without any authority. If it is found that, the 3^rd respondent is in illegal occupation of the puramboke land, necessary action shall be initiated under the Land Conservancy Act without any delay, after hearing the petitioner as well as the 3^rd respondent.

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The writ petition is disposed of as above.

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Sd/- A.MUHAMED MUSTAQUE, JUDGE.

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P.P.George v. the District Collector

Case brief

What is this about?

What did the court decide?

P.P.George v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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