Disposed

K.P. Jayan v. the District Collector

Kerala HC6 Jun 2017WP(C)/18697/2017

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition alleging that private individuals encroached on a public canal road and allowed wastewater to flow onto it. The Court directed the Tahsildar and Secretary of the Grama Panchayat to enquire into the matter.

What did the court decide?

Directed Respondents 2 and 3 to enquire into the allegations and take required action if facts are found correct.

K.P. Jayan Vs the District Collector — Landlord and Tenant | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 6TH DAY OF JUNE 2017/16TH JYAISHTA, 1939

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WP(C). No.18697 of 2017 (S)

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PETITIONER(S):

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K.P. JAYAN, S/O. PARAMESWARAN, AGED 43 YEARS, KATTUMMEL HOUSE, KUMBALANGI-682 007.

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JOSEPH VINSON, S/O. ANTONY, AGED 34 YEARS, CHALAVEETTIL HOUSE, KUMBALANGI P.O., AZHIKKAKAM, PIN-682 007.

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NANDALAMAJAN. K.P., S/O. PUSHPPAN, AGED 54 YEARS, KATTUMMAL HOUSE, KUMBALANGI P.O., AZHIKKAKAM-682 007.

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BY ADVS.SRI.A.B.JALEEL

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SRI.A.J.SHAHEER

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RESPONDENT(S):

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THE DISTRICT COLLECTOR, ERNAKULAM.

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THAHASILDAR, KOCHI TALUK OFFICE, KOCHI-682 001.

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SECRETARY, KUMBALANGI GRAMA PANCHAYATH, KOCHI-682 007.

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TALUK SURVEYOR, KOCHI TALUK OFFICE, KOCHI-682 007.

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VILLAGE OFFICER, KUMBALANGI VILLAGE OFFICE, KOCHI-682 007.

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LAWRENCE, S/O. RAPHEL, EDAPPARAMBIL, KUMBALANGI.P.O., KOCHI-682 007.

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...2/-

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WP(C). No.18697 of 2017 (S)

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:2:

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XAVIER, S/O. RAPHEL, EDAPPARAMBIL, KUMBALANGI P.O., ERNAKULAM, PIN-682 007.

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JOY, S/O. JOSEPH, EDAPPARAMBIL, KUMBALANGI P.O., ERNAKULAM, PIN-682 007.

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R1, R2, R4 & R5 BY SENIOR GOVERNMENT PLEADER SRI.V.TEKCHAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C). No.18697 of 2017 (S)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1:COPY OF THE MASS PETITION DATED 03.07.2016.

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P1A:- ENGLISH TRANSLATION OF THE MASS PETITION DATED 03.07.2016.

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P2:COPY OF THE APPLICATION DATED 16.07.2016 SUBMITTED IN ADALATH, KUMBALANGI VILLAGE OFFICE.

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P2A:- ENGLISH TRANSLATION OF THE APPLICATION DATED 16.07.2016 SUBMITTED IN ADALATH, KUMBALANGI VILLAGE OFFICE.

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P3:COPY OF THE REPLY DATED 19.07.2016.

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P3A:- ENGLISH TRANSLATION OF THE REPLY DATED 19.07.2016.

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P4:COPY OF THE CIRCULAR DATED 03.08.2016.

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P4A:- ENGLISH TRANSLATION OF THE CIRCULAR DATED 03.08.2016.

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P5:COPY OF THE APPLICATION DATED 14.11.2016.

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P5A:- ENGLISH TRANSLATION OF THE APPLICATION DATED 14.11.2016.

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P6:COPY OF THE APPLICATION DATED 21.01.2017 UNDER RIGHT TO INFORMATION ACT.

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P6A:- ENGLISH TRANSLATION OF THE APPLICATION DATED 21.01.2017 UNDER RIGHT TO INFORMATION ACT.

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P7:COPY OF THE REPLY DATED 30.01.2017.

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P7A:- ENGLISH TRANSLATION OF THE REPLY DATED 30.01.2017.

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P8:COPY OF THE LETTER DATED 30.01.2017.

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P8A:- ENGLISH TRANSLATION OF THE LETTER DATED 30.01.2017.

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RESPONDENT(S)' EXHIBITS: NIL

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/TRUE COPY/

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P.A. TO JUDGE

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NAVANITI PRASAD SINGH, C.J. & RAJA VIJAYARAGHAVAN V., J.

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- - - - W.P(C). No.18697 of 2017

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- - - - Dated this the 6^th day of June, 2017

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JUDGMENT

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Navaniti Prasad Singh, C.J.

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By this writ application in the nature of a public interest litigation, the petitioners, who are the residents of Kumbalangi Grama Panchayat, make a grievance against various private individuals, who are respondents 6 to 8, that they have encroached upon a canal road and constructed a compound wall. It is alleged that they are allowing waste water to flow from their land on to the public road causing great inconvenience to the public at large. The case of the petitioners is that they have been making complaints to the District Collector, Ernakulam, and in particular, to the Tahsildar and Secretary, respondents 2 and 3. But, no action whatsoever is being taken.

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We have heard the learned counsel for the petitioners.

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We dispose of this writ petition with a direction to respondents 2 and 3 to enquire into the matter and take any action

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-:2:-

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WP(C).18697/17

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that is required to be taken in accordance with law, in respect of the grievance noted above. Let it be noted that we are not expressing any opinion whether the assertions of the petitioners are correct or not. It will be the duty of the said officer to come to a finding upon enquiries to be made by them independently. But, if the facts alleged by the petitioners are found correct, it needs positive action.

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With the above observations, the writ petition stands

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disposed of.

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Sd/Navaniti Prasad Singh, Chief Justice

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Sd/Raja Vijayaraghavan V., Judge

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krj.6/6

K.P. Jayan v. the District Collector

Case brief

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K.P. Jayan v. the District Collector

Case brief

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