Disposed

Anwer Sadath v. the District Collector Malappuram

Kerala HC14 Jun 2018WP(C)/14572/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking directions to remove encroachments on a public road. The Court directed the respondents to act according to law based on submitted exhibits, including issuing necessary notices before eviction.

What did the court decide?

Direction to respondents to remove encroachments on public property in accordance with law and to identify if notices are required before eviction.

Anwer Sadath Vs the District Collector… — Constitutional and Fundamental Rights | Kerala HC (2018)

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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 SHAJI P.CHALY

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THURSDAY, THE 14TH DAY OF JUNE 2018 / 24TH JYAISHTA, 1940

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WP(C).No. 14572 of 2018

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PETITIONER

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ANWER SADATH, AGED 42 YEARS, S/O. HUSSAIN, KOZHISSERI HOUSE, POOKKOTTUMANNA P.O., CHUNGATHARA, NILAMBUR TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SRI.P.SAMSUDIN

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SRI.JITHIN LUKOSE

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RESPONDENTS:

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1. THE DISTRICT COLLECTOR MALAPPURAM, CIVIL STATION - 676 505, MALAPPURAM DISTRICT.

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2. TAHSILDAR, LAND RECORDS, NILAMBUR TALUK, TALUK OFFICE, NILAMBUR P.O., 679 329, MALAPPURAM DISTRICT.

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3. ASSISTANT ENGINEER (ROADS), PUBLIC WORKS DEPARTMENT, NILAMBUR - 679 329, MALAPPURAM DISTRICT.

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BY SR GOVERNMENT PLEADER SRI.M. R. SABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sdr/16.06.18

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WP(C).No. 14572 of 2018 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE COMPLAINT BY THE LOCAL RESIDENTS AND THE ELECTED MEMBER OF THE LOCAL BODY BEFORE THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 01.01.2018 ISSUED BY THE MLA TO THE TAHSILDAR. EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE TAHSILDAR DATED 01.01.2018. EXHIBIT P4 TRUE COPY OF THE REPORT AND SKETCH SUBMITTED BY THE TALUK SURVEYOR TO THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS NIL

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/TRUE COPY/ PA TO JUDGE

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sdr/16.06.18

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SHAJI P. CHALY, J.

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W.P.(C). No. 14572 OF 2018

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Dated this the 14^th day of June, 2018

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JUDGMENT

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Petitioner is a resident of Pookootumanna in Nilambur Taluk and is a regular user of Chungathara - Chathamunda public road. According to the petitioner, several people have encroached into the public property and is creating obstruction, which stands in the way of widening the road. Being confronted with such situations, petitioner has submitted various representations, consequent to which Exts.P1 to P3 communications are issued by and between the responsible statutory authorities. However, no action is initiated to remove the encroachments made by the respective persons. It is thus seeking appropriate directions, this writ petition is filed.

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I have heard learned counsel for the petitioner and learned Senior Government Pleader and perused the pleadings and the documents on record.

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W.P.(C). No. 14572 of 2018

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Learned Senior Government Pleader on

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instructions submitted that already steps are taken and adequate action is taken in order to remove the encroachment, in accordance with the directions contained in Exts.P1 to P3. I record the same and there will be a direction to respondents to take into account Exts.P1 to P3 and take action, in accordance with law against the encroachers. There will also be a direction to respondents to identify whether any notices are to be issued to the encroachers before removing from the present occupation.

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The writ petition is disposed of, accordingly.

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sd/-

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DCS

Anwer Sadath v. the District Collector Malappuram

Case brief

What is this about?

What did the court decide?

Anwer Sadath v. the District Collector Malappuram

Case brief

What is this about?

What did the court decide?

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