Petitioners sought mandamus to demolish illegal constructions on puramboke land. The Court noted procedural steps initiated by authorities and directed respondents to complete proceedings within four weeks.
Direction to respondents to complete pending proceedings against illegal encroachment within four weeks.
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
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
WP(C).No.12341 OF 2017(S)
PETITIONERS:
1 VIPIN DAS AGED 35 YEARS S/O. VASU, THACHAMKUNNU HOUSE,AYAKKADAVUY PO., VADAKANCHERY 1 VILLAGE, PIN-678683,PALAKKAD DISTRICT.
2 ANEESH.S. AGED 28 YEARS, S/O. SHANMUGHAN, KIZHAKKUMURI, AYAKKADAVU PO., VADAKANCHERRY-1 VILLAGE, PALAKKAD DISTRICT PIN-678683.
BY ADV. SRI.N.K.KARNIS
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695001
4 THE VILLAGE OFFICER VADAKANCHERRY -1 VILLAGE, ALATHUR TALUK,PALAKKAD DISTRICT PIN- 678 683.
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5 ASSISTANT EXECUTIVE ENGINEER CANAL SECTION, VADAKANCHERRY, PALAKKAD DISTRICT, PIN-678683.
Addl.6 KARUPPAN SECRETARY, CITU HEAD LOAD WORKERS UNION, KONNENCHERRY,PALAKKAD.
[IMPLEADED AS ADDITIONAL RESPONDENT NO.6 VIDE ORDER DATED 30.10.2017 IN I.A .6279/2017]
R1 TO R5 SRI. MOHAMMED ANZAR, SPL GP FOR. ADDL.R6 BY ADV. JOHNSON VARIKKAPPALLIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 18th day of January, 2021.
S. Manikumar, CJ.
Petitioners have sought for a mandamus directing respondents 2 to 5 to demolish the unauthorised and illegal constructions and to clear the puramboke land from encroachment. Petitioners have also sought for a mandamus directing respondents 1 to 5 fore-bearing them from allowing any more encroachments on the sides and embarkments of the canals/roads in Vadakkancherry.
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Vadakkancherry-I/fourth respondent has noticed the illegal encroachment of the same and the encroached building comprised in the Resurvey Number 151, of Block 44 in Vadakkancherry I Village. As per the Village Basic Tax Register the mentioned survey number lies in the name of "PWD Mangalam Canal”.
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Alathur/third respondent informed the Village Officer/fourth respondent to provide encroached sketch and the mahazar to the Assistant Executive Engineer, Canal Subdivision, Alathur. The Village Officer, Vadakkancherry-I has submitted a report to the Assistant 'Executive Engineer, Canal Subdivision, Alathur with marked encroached sketch, mahazar, location map and the basic tax register. All the legal procedures taken, has to be completed by the Assistant Executive Engineer, Canal Subdivision, Alathur against the illegal encroachers.
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informed. Thus steps have been taken for the alleged illegal encroachment and construction. Admittedly, 6th respondent has also been furnished with a notice.
In the light of the above, a direction is issued to respondents to complete the proceedings already initiated and to take a decision, if not done earlier, within four weeks from date of receipt of a copy of this judgment.
Writ petition is disposed of.
Sd/S. Manikumar, Chief Justice
Sd/Shaji P. Chaly, Judge
sou.
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1: SKETCH SHOWING THE LIE OF THE MANGALAM CANAL AND THE PURAMBOKE LAND KEPT IN VADAKKANCHERY -1 VILLAGE ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P2: TRUE COPY OF THE RELEVANT ENTIRES IN THE B.T.R. KEPT IN VADAKKANCHERY -1 VILLAGE ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P3: TRUE COPY OF THE RECEIPT ISSUE DFOR THE PAYMENT OF FEES FOR OBTAINING EXTS. P1 AND P2 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT COLLECTOR, PALAKKAD ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P5: TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.
1 issue framed by the court
Whether respondents failed to complete proceedings against alleged illegal encroachment on puramboke land and canal sides.
1 provisions across 1 enactments
VIPIN DAS
ANEESH.S.
STATE OF KERALA
THE DISTRICT COLLECTOR PALAKKAD
THE TAHSILDAR ALATHUR TALUK
THE VILLAGE OFFICER VADAKANCHERRY
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
