The High Court of Kerala directed the respondents to conclude proceedings for removing encroachments within four months, scrupulously following the Kerala Land Conservancy Act, 1957.
Direction to conclude proceedings for removing encroachments within four months following the Kerala Land Conservancy Act, 1957.
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941
WP(C).No.1582 OF 2020(W)
PETITIONERS:
1 M.K.VARGHESE, AGED 63 YEARS, S/O. M.V. KOCHAPPU, MENACHERY HOUSE, MANNUTHY, THRISSUR-680651.
4 SUNDARAN P.V., AGED 50 YEARS, S/O. VELAYUDHAN, PARAPPUKKARAN HOUSE, MANNUTHY, THRISSUR-680651.
SRI.V.R.ARUN
SRI.ARUN SAMUEL
RESPONDENTS:
SRI.K J MUHAMMED ANZAR, SPL. GP FOR REVENUE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1582 OF 2020
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JUDGMENT
Dated this the 11th day of March 2020
This writ petition is filed alleging inaction on the part of
the official respondents in evicting the encroachers.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
akv/11.3.2020
WP(C).No.1582 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE JUDGMENT DATED 11/02/2015 IN WPC NO.4322/2016. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE SURVEY MAP OF BAZAR ROAD STARTING FROM MANNUTHY CENTRE (STARTING AT SURVEY NO.314) TO MUKKATTUKARA ROAD (ENDS AT SURVEY NO.298). |
| EXHIBIT P3 | A TRUE COPY OF THE SURVEY MAP STRETCH STARTING AT MUKKATTUKARA ROAD (STARTS AT SURVEY NO.298) TO FARM GATE (ENDS AT SURVEY NO.203) |
| EXHIBIT P4 | A TRUE COPY OF THE REPRESENTATION DATED 25/07/2017 SUBMITTED TO THE 2ND AND 3RD RESPONDENTS. |
| EXHIBIT P5 | A TRUE COPY OF THE DIRECTION OF THE 2ND RESPONDENT VIDE COMMUNICATION NO.B4- 36256/17/L. IS DATED 22/09/2017. |
| EXHIBIT P6 | A TRUE COPY OF THE JUDGMENT DATED 30/10/2017 IN WPC NO.34452/2017. |
| EXHIBIT P7 | A TRUE COPY OF JUDGMENT DATED 21/03/2019 IN WPC NO.8574/2019. |
| EXHIBIT P8 | A TRUE COPY OF JUDGMENT DATED 04/04/2019 IN WPC NO.9359/2019. |
| EXHIBIT P9 | A TRUE COPY OF THE RECEIPT HAVING PETITION NO.53666/2019/RC DATED 31/08/2019. |
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
3 issues framed by the court
Whether there should be a direction to the official respondents to conclude proceedings for removing encroachments within four months?
Whether the petitioners seek quashing of prior notice under Rule 13A of the Kerala Land Conservancy Rules, 1958?
Whether the official respondents were in action in evicting encroachers?
2 provisions across 2 enactments
M.K.VARGHESE AND OTHERS
STATE OF KERALA
DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE
EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT
THE STATE POLICE CHIEF, KERALA
THE DISTRICT POLICE CHIEF, THRISSUR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
