Disposed

L.L.Sreejith Babu v. the Secretary, Kollam Corporation

Kerala HC17 Aug 2020WP(C)/13894/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition where the petitioner complained of illegal encroachments and unauthorized fish peeling activities obstructing a public road. The Court directed the Secretary of Kollam Corporation to expedite the revenue survey of the property and remove any encroachment within two months.

What did the court decide?

Directed the Secretary to complete the revenue survey expeditiously and remove the encroachment within two months of receiving the judgment report.

L.L.Sreejith Babu Vs the Secretary, Kollam… — Civil Procedure and Limitation | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

MONDAY, THE 17TH DAY OF AUGUST 2020 / 26TH SRAVANA, 1942

¶7

WP(C).No.13894 OF 2020(S)

¶8

PETITIONER/S:

¶9

L.L.SREEJITH BABU, AGED 62 YEARS, S/O.LAMBODHARAN.K, SANDHYA NIVAS, MUNDAKKAL WEST,KOLLAM-691 010.

¶10

BY ADV. SRI.B.BILWIN

¶11

RESPONDENT/S:

¶12

1 THE SECRETARY, KOLLAM CORPORATION, KOLLAM-691 001.

¶13

2 THE KOLLAM CORPORATION, REPRESENTED BY THE SECRETARY, KOLLAM CORPORATION, KOLLAM-691 001.

¶14

3 THE STATE PUBLIC INFORMATION SAKTHIKULANGARA ZONAL OFFICE, KOLLAM CORPORATION, KOLLAM-691 581.

¶15

[3^rd RESPONDENT IS DELETED FROM PARTY ARRAY AS PER ORDER DATED 10/7/20 IN WPC.NO.13894/20]

¶16

R1-2 BY SRI.M.K.CHANDRAMOHAN DAS,SC,KOLLAM CORP R3 BY SR.GP SURIN GOERGE IPE

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.C.13894/2020

J U D G M E N T

Manikumar, CJ

Instant public interest writ petition is filed for the following reliefs:

¶23

"i) To issue a writ of mandamus directing the 1^st respondent - the Secretary, Kollam Corporation, to take appropriate action against the encroachments on the basis of Exhibit P1 complaint dated 24.06.2019 submitted by the petitioner;

¶24

ii) To award the cost of these proceedings to the petitioner."

¶25

Petitioner is aggrieved by the inaction on the part of the

¶26

Kollam Corporation, represented by the Secretary, Kollam, respondent No.2, in not taking action on the complaint preferred by him, wherein he has pointed out the illegal encroachments made by various parties, whereby a public road has been obstructed and, therefore, movement through the public road has become difficult. Petitioner has stated that the respondents have

¶27

failed to act against the illegal encroachments and unauthorised activities being carried out in the area, without any valid licence.

¶28

W.P.C.13894/2020

¶29

¶30

Petitioner has further stated that in an inspection conducted by the 3^rd respondent/the State Public Information, it was found that the encroachers were conducting fish peeling activities in the shed without any licence. A report was also submitted by the 3^rd respondent regarding the said activity. Despite the findings based on the inspection conducted, and the consequential report that the allegations in the complaint is true, no action has been taken against the encroachers. Therefore, petitioner has filed the instant writ petition.

¶31

On behalf of respondents 1 and 2 a statement dated

¶32

17.8.2020 is filed wherein it is contended thus:

¶33

"2. It is submitted that based on the Complaint submitted by the Petitioner, that one Stanley Vincent has encroached government land, the Corporation officials conducted a site inspection. It was found that the shed situated in the alleged encroached land was not having an authorized building number or license to conduct the fish peeling activities which were being carried out. Since it was difficult for the Corporation officials to determine the boundaries, letters were issued from the Corporation to the Village Officer and the Taluk Surveyor to determine the boundaries of the government land.

¶34

Based on the finding during the inspection of the Corporation Officials, that the building was unauthorized, notice was issued to Shri Stanley Vincent to remove the

¶35

W.P.C.13894/2020

¶36

¶37

illegal construction. Reply was received to the said notice stating that there is a dispute with regard to the concerned land and a case pertaining to the same is pending before the Sub-Court, Kollam, numbered as O.S.No.352/2010. Thereafter, both parties were heard and based on the instructions from the Legal Cell of the Corporation, since the Corporation is not a party to the above said suit, decision has been taken to issue a provisional order of demolition of the unauthorized building (UA 1/251).

¶38

4.Also, on 03.02.2020, notice was issued to Stanley Vincent by the Health Department of the Corporation to stop the unauthorized fish peeling activities conducted without license, within 24 hours. On a subsequent inspection by the Corporation Officials on 11.08.2020, it was found that the peeling activities were not being carried out in the premises of the unauthorized shed and the same remained in a locked state.

¶39

5.It is submitted that now the Revenue Authorities have conducted a survey of the property but a report of the same is yet to be received by the Corporation. Further action on encroachment will be taken on the basis of the report of the revenue authorities.”

¶40

Heard Mr.Bilwin.B, learned counsel appearing for the petitioner, Mr.M.K.Chandramohan Das, learned standing counsel appearing for the Kollam Corporation, and Mr.Surin George Ipe, the learned Senior Government Pleader.

¶41

W.P.C.13894/2020

¶42

¶43

After hearing the arguments and going through the materials, we are of the considered opinion that this writ petition can be disposed of with the following directions:

¶44

This writ petition is disposed of with a direction to the Secretary, Kollam Corporation, respondent No.1, to request the Revenue Department, to complete the survey of the property, as expeditiously as possible, and submit the report to the Corporation. On receipt of the report, 1^st respondent is directed to initiate the process for removal of the encroachment, if any, and complete the same, in accordance with law.

¶45

The entire exercise of surveying the property and removal of encroachment, if any, should be done within two months from the date of receipt of a copy of this judgment.

¶46

Sd/-

¶47

S.MANIKUMAR CHIEF JUSTICE

¶48

Sd/- SHAJI P.CHALY JUDGE

W.P.C.13894/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

¶54

EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 24.6.2019 EXHIBIT P2 TRUE COPY OF THE RECEIPT ACCEPTING THE COMPLAINT OF THE PETITIONER ON 25.6.2019 EXHIBIT P3 TRUE COPY OF THE REPLY DATED 31.10.2019 RECEIVED UNDER THE RTI ACT.WITH TRANSLATION EXHIBIT P4 TRUE COPY OF THE REPORT OF THE INSPECTIONS CONDUCTED DATED 5.11.2019.WITH TRANSLATION.

L.L.Sreejith Babu v. the Secretary, Kollam Corporation

Case brief

What is this about?

What did the court decide?

L.L.Sreejith Babu v. the Secretary, Kollam Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T.a.Majeed Vs State of Kerala

Apj Abdul Kalam Technological University Vs Holy Grace Foundation

University of Kerala, Vs Patriach Elias Charitable Society

Khadeeja Nargees Vs State of Kerala

Abdul Azeez K.M. Vs S.Suhas

Apj Abdul Kalam Technological University Vs Jai Bharath College of Management and Engineering Technology