Disposed

O.K.Saleem v. Secretary, Thrikkakara Municipality

Kerala HC31 Oct 2016WP(C)/9860/2016

Case brief

AI extract

What is this about?

Petitioner alleged encroachment of puramboke land by 3rd respondent. Court held that under Section 208A of Kerala Municipality Act, 1994, the Municipality must inspect the site and consider the representation within two months, rather than the Court intervening.

What did the court decide?

The Municipality shall issue notice, inspect the site, and consider the representation within two months from receipt of this judgment's certified copy.

O.K.Saleem Vs Secretary, Thrikkakara Municipality — Landlord and Tenant | 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 K.VINOD CHANDRAN

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MONDAY, THE 31ST DAY OF OCTOBER 2016/9TH KARTHIKA, 1938

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WP(C).No. 9860 of 2016 (F)

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PETITIONER:

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O.K.SALEEM, AGED 55 YEARS, S/O.KHADER, OLIPARAMBIL (H), VAZHAKKALA VILLAGE, PIPELINE, ERNAKULAM-682021.

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BY ADVS.SRI.R.ROHITH SRI.SAYED MURTHALA THANGAL

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RESPONDENT(S):

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1. SECRETARY, THRIKKAKARA MUNICIPALITY, TRIKAKKARA, ERNAKULAM-682028.

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2. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM-682030.

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3. ALIYAR, KOLLAMKUDY (H), VAZHAKKALA VILLAGE, PIPELINE, ERNAKULAM-682021. R1 BY ADV. SRI.S.SHANAVAS KHAN, R2 BY GOVERNMENT PLEADER SRI MANURAJ K.J. R3 BY ADVS. SRI.A.B.JALEEL SMT.K.H.FATHIMA PRIYADARSHINI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 9860 of 2016 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : A TRUE COPY OF THE REPRESENTATION DATED 29-6-2015 PREFERRED BY THE PETITIONER ALONG WITH HIS BROTHER BEFORE THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

K. VINOD CHANDRAN, J. -----------------------------------------W.P.(C) No. 9860 of 2016 (F) -----------------------------------------Dated: 31^st October, 2016

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J U D G M E N T

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The petitioner has filed the above writ petition alleging encroachment of puramboke land, by the 3^rd respondent, obstructing his pathway. The counter affidavit of the 3^rd respondent raises a contention that without the Revenue Department being made a party, no encroachment of a puramboke can be removed.

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The counter affidavit itself notices that the allegation of the writ petitioner is that the 3^rd respondent has encroached into three meters of puramboke thodu and constructed a compound wall. If that is the allegation, it is for the Local Self Government Authority to look into the encroachment, especially going by Section 208A of the Kerala Municipality Act,

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W.P.(C) No. 9860/2016

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-2-

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1994, which vests all public water courses including those which the public have been using so as to give easement rights over them, on the Municipalities which vesting includes the beds and banks (meaning the embankments).

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In such circumstance, it is only proper that the Municipality consider the representation produced at Ext.P1. The 1^st respondent Municipality shall, hence, issue notice on the petitioner and the 3^rd respondent and after inspection of the site, consider the representation within a period of two months form the date of receipt of the certified copy of this judgment.

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The writ petition stands disposed of without any observation on merits. No Costs.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 31/10/16

O.K.Saleem v. Secretary, Thrikkakara Municipality

Case brief

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O.K.Saleem v. Secretary, Thrikkakara Municipality

Case brief

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