Appeals challenging a writ judgment directing authorities to perform a survey and remove any encroachment on public pathway were dismissed as the directions were provisional and no infirmity was found. Judgment delivered 02.06.2020.
appeals were dismissed with the direction that the impugned writ judgment remains effective.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 02ND DAY OF JUNE 2020 / 12TH JYAISHTA, 1942
WA.No.558 OF 2014
AGAINST THE JUDGMENT IN WPC 22734/2012 DATED 22-05-2013 OF HIGH COURT OF KERALA
APPELLANT/PETITIONERS 1 & 2 IN WPC:
1 SREELEKHA
W/O. RAVEENDRAN PILLAI, KRISHNAKRIPA, KOVILMUKKU, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM DISTRICT.
W/O. SUNIL KUMAR, KUZHEEKKAL PUTHEN VEEDU, KOVILMUKKU, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS/RESPONDENTS:
2
WA.558/2014, WA.560/2014
6 SRI. R.RAVEENDRA PRASAD SREESAILAM, ANUCHMUKKU, PUNUKKANNOOR, PERUMPUZHA PO., KOLLAM, PIN-691504.
SR.GP SRI.SURIN GEORGE IPE FOR R1, R3-R5, R2 BY ADV. SRI.B.VINOD SRI.O.V.MANIPRASAD FOR R6
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02.06.2020, ALONG WITH WA.560/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.558/2014, WA.560/2014
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 02ND DAY OF JUNE 2020 / 12TH JYAISHTA, 1942
WA.No.560 OF 2014
AGAINST THE JUDGMENT IN WPC 22857/2012 DATED 22-05-2013 OF HIGH COURT OF KERALA
APPELLANT/1st PETITIONER:
SATHYAN
S/O. NANU, PARAVILA VEEDU (VAISAKH), KOVILMUKKU, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL LINES, KOLLAM-691 013.
4
WA.558/2014, WA.560/2014
SR.GP SRI.SURIN GEORGE IPE FOR R1, R3-R5, R2 BY ADV. SRI.B.VINOD SRI.O.V.MANIPRASAD FOR R6
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02.06.2020, ALONG WITH WA.558/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.558/2014, WA.560/2014
5
JUDGMENT
Dated this the 2nd day of June 2020
J U D G M E N T
S. Manikumar, CJ
Instant appeals have been filed against common judgment dated 22.5.2013 in W.P(C). No.22734 of 2012 and connected cases, by which the writ court, after adverting to grounds of challenge to Exhibits P2 and P3 therein, directed respondents to have proper measurement of the pathway as well as the property in the possession of petitioners.
“In view of the above, these Writ Petitions are disposed of with the following directions:
(i) Respondents 2 and 3 in both these Writ Petitions are directed to have a proper measurement of the pathway as well as the property in the possession of the petitioners;
(ii) The 3rd respondent shall have the measurement, identification and demarcation of the public pathway and the properties conducted, at the instance of a Taluk Surveyor, after giving notice to the petitioners, the 6th respondent, the
WA.558/2014, WA.560/2014
6
2nd respondent Panchayat as well as all other affected parties;
(iii) On such measurement and demarcation if it is found that there has been any encroachment by the petitioners or any other persons on the public pathway, immediate steps shall be initiated to remove such encroachments and to restore such puramboke land to its original condition;
(iv) The survey measurements as indicated above shall be completed as expeditiously as possible and at any rate, within a period of three months of the date of receipt of a copy of this judgment and if there is any encroachments, the encroachments shall be removed within a period of one month thereafter;
(v) The 1st respondent District Collector is directed to consider the applications Exts. P4 and P5 submitted by the petitioners and to pass final orders thereon, in accordance with law as expeditiously as possible and at any rate, within a period of six weeks of the date of receipt of a copy of this judgment.”
grounds, going through the material on record, we are of the view that writ court has only directed measurements to be taken by the authorities and thereafter to take appropriate action. That apart, Ext.P2 notice
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7
challenged in both writ petitions is only a notice issued under Section 236 W(1) of the Kerala Panchayat Raj Act. It is only a provisional order. Petitioner was at liberty to offer his objections to this provisional order, but he chose to prefer the writ petition.
there is no infirmity in the common judgment in W.P(C). No.22734 of 2012 and connected case, warranting interference. Accordingly, the writ appeals are dismissed.
Sd/-
S. Manikumar, Chief Justice
Sd/Shaji P. Chaly, Judge
Shaji P. Chaly,
sou.
WA.558/2014, WA.560/2014
8
APPENDIX OF WA.558/2014
PETITIONER'S EXHIBITS
ANNEXURE A1 – THE TRUE COPY OF THE ORDER No.B-16-58786/ 13 DATED 24.09.2013 ISSUED BY THE 3RD RESPONDNT.
ANNEXURE A2 – TRUE COPY OF THE ORDER NO.D1-12994/2013/ K.Dis. DATED 8.11.2013 ISSUED BY THE RDO, KOLLAM.
ANNEXURE A3 - TRUE COPY OF THE APPEAL FILED BY THE 2ND APPELLANT BEFORE THE 1ST RESPONDENT.
ANEXURE A4 - TRUE COPY OF TE NOTICE NO.SURVEY 6-58224/ 12 DATED 28.01.2014 ISSUED BY THE 1ST RESPONDENT TO THE 2ND APPELLANT.
ANNEXURE A5 - TRUE COPY OF THE ORDER NO.L6-41336/13/ K.Dis. DATED 5.2.2014 PASSED BY THE 1ST RESPONDENT.
2 issues framed by the court
Whether there is any infirmity in the common judgment of the writ court warranting interference with the appeals
Whether the impugned direction for survey and measurement of property constitutes a final takeability order requiring quashing
1 provisions across 1 enactments
Sreelekha W/O. Raveendran Pillai
Kanchana Kumary W/O. Sunil Kumar
Sri. R. Raveendra Prasad Sreesailam
The District Collector, Kollam
The Elampalloor Grama Panchayath
The Tahasildar, Kollam
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
