Disposed

V.X. Alexander, v. the District Collector

Kerala HC14 Jan 2019WP(C)/1093/2019

Case brief

AI extract

What is this about?

The Court directed the Taluk Surveyor to complete survey and measurement of alleged encroached government land within three months. The Municipality was asked to await clarification from the Tahsildar regarding canal widening before the survey concludes.

What did the court decide?

Direction to the Taluk Surveyor to complete survey within three months and to the Corporation to seek clarification on canal widening before finalizing the survey.

V.X. Alexander, Vs the District Collector — Contract and Commercial Disputes | Kerala HC (2019)

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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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MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940

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WP(C).No. 1093 of 2019

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PETITIONER/S:

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V.X. ALEXANDER, AGED 65 YEARS VATTATHARA HOUSE, EDA KOCHI, KOCHI-682010, ERNAKULAM DISTRICT.

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BY ADV. SRI.V.PREMCHAND

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, ERNAKULAM-682032. 2 THE TALUK SURVEYOR, TALUK OFFICE, KOCHI, FORT KOCHI, ERNAKULAM, KOCHI682001. 3 THE TAHSILDAR (LR), TALUK OFFICE, KOCHI, FORT KOCHI, ERNAKULAM, KOCHI682001. 4 THE VILLAGE OFFICER, EDA KOCHI, KOCHI-682010.

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5 THE SECRETARY, CORPORATION OF KOCHI, KOCHI-682011, ERNAKULAM DISTRICT.

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6 AUGUSTINE, ARACKAPARAMBIL, EDA KOCHI, KOCHI-682010, ERNAKULAM DISTRICT.

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OTHER PRESENT:

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SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1 TO R4, SRI.RAJU SEBASTIAN VADAKKEKARA FOR R5

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.1093/2019

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ALEXANDER THOMAS, J.

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W.P.(C)No.1093 of 2019

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Dated this the 14^th day of January, 2019

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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) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 2^nd respondent to take appropriate steps to complete the Survey proceedings as mentioned in Exhibit P4 communication as expeditiously.

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ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 1^st respondent to consider Exhibit P3, invoke and initiate action under the Land Conservancy Act against the 6^th respondent. iii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 5^th respondent not to carry out widening work of canal (Kana) and other construction works in the government land without completing the Survey proceedings as mentioned in Exhibit P4.”

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Heard Sri. V. Premchand, the learned counsel appearing

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for the petitioner, Sri. Saigi Jacob Palatty, the learned Senior Government Pleader appearing for official respondents 1 to 4 and Sri. Raju Sebastian Vadakkekara, the learned Standing Counsel for the Kochi Municipal Corporation appearing for R5. In the nature of the orders proposed to be passed in this writ petition, notice to contesting respondent No.6 will stand dispensed with.

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Complaining that the 6^th respondent has allegedly encroached into the Government land, the petitioner has submitted

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W.P.(C)No.1093/2019

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Ext.P1 petition dated 23.3.2018 before the 3^rd respondent Tahsildar requesting that necessary remedial measures should be taken to remove such encroachment. Now the petitioner has been informed as per Ext.P4 letter dated 12.10.2018 issued by the said Taluk Office that, on examination of the request made by the petitioner, it was found that, since the survey stones are not available on the side, a detailed survey with the aid and assistance of the 2^nd respondent Taluk Surveyor is required and that the matter has been referred to the 2^nd respondent Taluk Surveyor for finalising the action for survey and measurement of the petitioner's property in question. That thereafter, no effective action has been forthcoming from respondents 2 and 3 in respect of survey and measurement and for identification as to the encroachment etc. But, that in the meanwhile, the officials of the 5^th respondent Kochi Municipal Corporation are taking steps to widen the canal, which is situated on the north of the encroached Government land and that if the said widening is done by the 5^th respondent before the actual survey and measurement process by the 2^nd respondent Taluk Surveyor is finalised, then such survey and measurement process will become more difficult etc. Accordingly, it is also contended by the petitioner that till the survey and measurement process is completed so as to identify the encroachment, further steps on the part of the 5^th

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W.P.(C)No.1093/2019

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respondent for widening the canal has to be kept in abeyance etc.

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Taking note of the facts and circumstances as disclosed in this case, it is ordered that the 2^nd respondent Taluk Surveyor will take further steps in respect of the survey and measurements already referred to in Ext.P4 with due prior notice to the petitioner, the 6^th respondent and the 5^th respondent Corporation and in the said survey and measurement process, the 2^nd respondent will ascertain as to whether the alleged encroachment pointed out by the petitioner is pertaining to a Government land property/puramboke property and also whether the 6^th respondent or any one else has made such encroachment in the Government land etc. The 2^nd respondent Taluk Surveyor will give a report regarding his findings on those issues along with a copy of the survey sketch and copy of the report of the Taluk Surveyor along with copy of the survey sketch should be given in advance to the petitioner, 6^th respondent and 5^th respondent and thereafter, the petitioner and the 6^th respondent may be permitted to submit their written submissions in the matter before the 3^rd respondent Tahsildar. The 3^rd respondent Tahsildar will, thereafter, finalise the further steps in the matter on the request of the petitioner in Ext.P1 petition without much delay. The entire process in this regard should be duly completed by respondents 2 and 3 within three months from the date of production of a certified

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W.P.(C)No.1093/2019

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copy of this judgment. In the meanwhile, the 5^th respondent Secretary will request the 3^rd respondent Tahsildar to clarify as to whether they could widen the canal in question before the survey and measurement process by the 2^nd respondent is finalised and they will abide by such instructions as may be given to them by the 3^rd respondent Tahsildar as to the said interim arrangement.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

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sd/- ALEXANDER THOMAS, JUDGE.

acd

W.P.(C)No.1093/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PETITION DATED 23.3.2018 BEFORE THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE ENDORSEMENT DATED 24.3.2018 PASSED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 18.9.2018 BEFORE THE DISTRICT COLLECTOR, ERNAKULAM THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 12.10.2018 FROM THE OFFICE OF THE 3RD RESPONDENT

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TRUE COPY

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P.S. TO JUDGE.

V.X. Alexander, v. the District Collector

Case brief

What is this about?

What did the court decide?

V.X. Alexander, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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