Disposed

C.G.Radhadevi v. the State of Kerala

Kerala HC13 Dec 2018WP(C)/18781/2017

Case brief

AI extract

What is this about?

This court dismissed a writ petition seeking mandamus for eviction and right of way under Kerala Land Conservancy Act. After recording parties' submissions, the court allowed the fifth respondent liberty to ventilate grievances and disposed of the petition without adjudication on merits.

What did the court decide?

Petition disposed of; fifth respondent granted liberty to ventilate grievances regarding directions issued to fourth respondent.

C.G.Radhadevi Vs the State of Kerala — Land Acquisition | 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 ALEXANDER THOMAS

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THURSDAY ,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940

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WP(C).No. 18781 of 2017

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PETITIONER/S:

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C.G.RADHADEVI AGED 68 YEARS W/O.K.K.RAMACHANDRAN KAIMAL, CHENKILATHU LAKSHMI VILASAM, PALLIKKACHIRA KAVALA (PC KAVALA) P.O., PARIPPAD, CHANGANACHERRY, KOTTAYAM-686537.

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BY ADV. SRI.S.SUBHASH CHAND

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM.

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3 THE ADDITIONAL TAHSILDAR TALUK OFFICE, CHANGANACHERRY.

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4 THE ASSISTANT ENGINEER PWD ROADS SECTION, CHANGANACHERRY.

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5 PAREETHAMMA W/O.PAREETH RAWTHER, PUTHUVEL PORAMBOKE, PALLIKKACHIRA KAVALA (PC KAVALA) P.O., PAIPPAD, CHANGANACHERRY, KOTTAYAM-686537.

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BY ADV. SMT.M.A.ZOHRA

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OTHER PRESENT:

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SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1 TO R4, SMT.M.A.ZOHRA FOR R5

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.18781/2017

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ALEXANDER THOMAS, J.

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W.P.(C)No.18781 of 2017

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Dated this the 13^th day of December, 2018

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JUDGMENT

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The prayers in the above Writ Petition (Civil) are as follows:

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“i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.4 to take further action on Ext.P6 proceedings under the Kerala Land Conservancy Act, 1957 within such time as this Hon'ble Court deem fit and proper in the interest of justice.

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ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.2 to issue appropriate directions to respondent No.4 to finalize the action under the Kerala Land Conservancy Act, 1957 pursuant to Ext.P6 report within such time as this Hon'ble Court may deed fit and proper in the interest of jsutice.

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Iii) To issue a declaration that respondent Nos.2, 3 and 4 are bound in law to take appropriate action for eviction against respondent No.5 from the PWD Poramboke property in Block NO.7 in Re-sruvey No.476 of Paippad Vilalge in Changanacherry Taluk in the light of Exts.P2 to P6 under the Kerala Land Conservancy Act, 1957 so as to see that the petitioner gets right of way from her property to the nearby Changanacherry-Kaviyoor PWD road and the delay in the matter is absolutely arbitrary and unconstitutional rendering the same liable to be struck down by this Hon'ble Court.”

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Heard Sri. S. Subhash Chand, the learned counsel appearing for the petitioner and Sri. Saigi Jacob Palatty, the learned Government Pleader appearing for the official respondents 1 to 4, Smt. M.A.Zohra, the learned counsel appearing for the 5^th respondent.

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Sri. Subhash Chand, the learned counsel appearing for the

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W.P.(C)No.18781/2017

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petitioner submits that the 2^nd respondent District Collector has now issued letter No.E-11-16440/16 dated 30.5.2017 wherein certain directions have been issued to the 4^th respondent Asst. Engineer, PWD Road Section, Changanassery. A copy of the said letter dated 30.5.2017 issued by the 2^nd respondent District Collector has been made available for perusal of this Court and the same reads as follows:

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“സചനയ�ല�യ� ത�ങളട� ശദ കണ�കന. സചന പക�ര� ആവശ�ട�ട റ�ല��ർടകൾ ന�ള�തവടര ത�ങൾ സമർ��ച�ട�ല�തത�ണ�. ട,�തമര�മത� ലറ�ഡ� പറല/�ക� സ�രക�കനത�ന� ഉതരവ�ദ�ത4ട�ട ഉലദ��ഗസന�യ ത�ങൾ �� കകല8റ� ന�യമ�നസ�ത� ഒഴ��ച� വ�വര� ഈ ക�ര��യത�ൽ റ�ല��ർട� ടചല8ണത�ണ�. ”

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Further, Sri. S. Subhash Chand, the learned counsel

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appearing for the petitioner would submit that this Court may record the above submission of the petitioner regarding the issuance of the above said letter dated 30.5.2017 of the 2^nd respondent and may close the matter accordingly.

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Smt. M.A. Zohra, the learned counsel appearing for the 5^th respondent would submit that she has serious complaint as against the directions issued by the 2^nd respondent District Collector in the aforementioned letter dated 30.5.2017 addressed to the 4^th respondent Assistant Engineer and that the petitioner may be given liberty to ventilate her grievances in that regard either as against the

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W.P.(C)No.18781/2017

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said directions issued in the letter dated 30.5.2017 and/or any consequential directions issued thereunder by any official concerned.

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Having regard to the submissions of both sides, it is ordered that in case the 5^th respondent has any legally justiceable grievances in respect of the directions issued by the 2^nd respondent District Collector in the aforementioned letter dated 30.5.2017 and/or against any consequential action taken thereunder, then, needless to say, it is for the said party to work out their remedies in accordance with law.

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Recording the above said submissions of the petitioner and that of the 5^th respondent, the above Writ Petition (Civil) will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

acd

W.P.(C)No.18781/2017

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE COMPLAINT DATED 13-4- 2016 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2.
EXHIBIT P2	TRUE COPY OF THE REPORT DATED 21-4-2016 SUBMITTED BY RESPONDENT NO.3 BEFORE RESPONDENT NO.2.
EXHIBIT P3	TRUE COPY OF THE PROCEEDINGS BEARING E11-16440/16 DATED 1-5-2016 ISSUED FROM THE OFFICE OF RESPONDENT NO.2 TO RESPONDENT NO.4 ALONG WITH THE REPORT OF RESPONDENT NO.3.
EXHIBIT P4	TRUE COPY OF THE PROCEEDINGS BEARING NO.GL/C/16-17 DATED 6-6-2016 ISSUED BY RESPONDENT NO.4 TO RESPONDENT NO.3.
EXHIBIT P5	TRUE COPY OF THE REPORT DATED 3-11-2016 PREPARED BY THE OFFICE OF RESPONDENT
	NO.3 THROUGH THE CONCERNED VILLAGE OFFICER.
EXHIBIT P5(a)	TRUE COPY OF THE SKETCH PREPARED BY THE OFFICE OF RESPONDENT NO.3 THROUGH THE CONCERNED VILLAGE OFFICER.
EXHIBIT P6	TRUE COPY OF THE REPORT DATED 17-1-2017 SUBMITTED BY RESPONDENT NO.4 BEFORE RESPONDENT NO.2. TRUE COPY
	P.S. TO JUDGE.

C.G.Radhadevi v. the State of Kerala

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C.G.Radhadevi v. the State of Kerala

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