High Court disposed of a writ petition seeking direction to dispose of a representation alleging unauthorised government land occupation, holding that factual allegations are beyond the Court's domain under Article 226.
Direction to Secretary to consider Ext.P1 representation and dispose within six months after affording hearing to petitioner and respondents.
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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939
WP(C).No. 17833 of 2017
PETITIONER(S)
M. NAJEEB,
S/O ABU MUHAMMED, KOVILAKOMVEEDU, T.C.7/1316, KOCHULLOOR, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM.
BY ADV.SRI.M.SREEKUMAR.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 043.
3. DEPUTY COLLECTOR (VIGILANCE), SOUTH ZONE, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695 043.
***** ADDL. R4 & R5 IMPLEADED 4. ARUN, S/O. KUMARAN, SANTHI NIKETHAN HOUSE, AYIROOR P.O., THIRUVANANTHAPURAM DISTRICT.
5. VISHNU, S/O. PEETHAMBHARAN, MALAKAKKADA HOUSE, AVANAVANCHERI P.O., THIRUVANANTHAPURAM DISTRICT.
*** ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 15/06/2017 IN I.A. NO.8275/2017. R1 TO R3 BY GOVT. PLEADER SRI.JUSTIN MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
rs.
WP(C).No. 17833 of 2017 (D)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 26/12/2016 FILED BY PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF REPORT NO.RVC/A1/19/17/TV DATED 04/02/2017 OF THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE
rs.
DEVAN RAMACHANDRAN, J.
========================== W.P.(C) No.17833 of 2017 - D
=============================== Dated this the 10th day of, January, 2018
J U D G M E N T
The petitioner, who claims to be residing at Kochulloor, Medical College PO, Thiruvananthapuram, has filed this writ petition with a prayer that his representation, made before the 1st respondent, alleging that respondents 4 and 5 have unauthorisedly occupied Government land, in violation of the Kerala Land Conservancy Act, 1957, be directed to be considered and disposed of. The petitioner says that he was constrained to make this representation before the 1st respondent, based on the findings in Ext.P2 report, which was one that was filed by the Vigilance Deputy Collector to the Secretary of the Revenue Department. According to the petitioner, even though Ext.P2 report factually finds all his allegations to be true; no action has been
taken by the competent authority.
2
W.P.(C) No.17833/2017
appearing for the petitioner and the learned Government Pleader on behalf of the respondent 1 to 3. There is no representation for the counsel on behalf of the respondents 4 and 5 and therefore, I do not have the opportunity of hearing their version.
the Constitution of India. I am of the firm view that it will be better left to the competent authorities, to consider these matters and take an appropriate view.
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W.P.(C) No.17833/2017
4 and 5, by issuing to them appropriate notice. This exercise shall be completed by the competent Secretary of the Government, as expeditiously as possible, but not later than six months, from the date of receipt of a certified copy of this judgment.
The writ petition is disposed of. No order as to
costs.
Sd/-
DEVAN RAMACHANDRAN JUDGE.
SB/12/01/2018
// true copy //
P.A to Judge
1 issue framed by the court
Whether the High Court should adjudicate facts regarding government land encroachment under Article 226.
2 provisions across 2 enactments
M. NAJEEB
STATE OF KERALA
DISTRICT COLLECTOR, THIRUVANANTHAPURAM
DEPUTY COLLECTOR (VIGILANCE), SOUTH ZONE
ARUN
VISHNU
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
