The Court directed the Tahsildar and Executive Engineer to complete a survey of the Canal Bund Road within three months and initiate proceedings against an alleged encroacher within four months.
Directions to complete survey within three months and take action against encroacher within four months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 2171 OF 2022
PETITIONERS:
1 C M ALIAS, AGED 72 YEARS S/O. LATE MATHAI, RESIDING AT CHATHANATH HOUSE, THENGODE P.O., KAKKANAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT-682030.
2 MRS.ELIKUTTY ALIAS, AGED 70 YEARS W/O. C.M. ALIAS, RESIDING AT CHATHANATH HOUSE, THENGODE P.O., KAKKANAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT-682030. BY ADVS. K.MADHUSOODANAN T.G.PAUL MATHEW JACOB (KUNNATHU) SYRIAC JOSEPH
RESPONDENTS:
WP(C) NO. 2171 OF 2022
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OTHER PRESENT:
SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners allege that the 6th respondent has encroached into certain extents of public lands, which are part of the Canal Bund Road, under the Periyar Valley Irrigation Project (PVIP) . They, therefore, pray that the official respondents be directed to take necessary action against the 6th respondent, after demarcating the areas which he is in unauthorized possession and complete such proceedings within a time frame to be fixed by this Court.
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WP(C) NO. 2171 OF 2022
makes available his report and sketch, requisite action will be taken against the 6th respondent, after following the due procedure.
Since the learned Senior Government Pleader affirms that the competent respondents have already initiated action pursuant to the complaint of the petitioners and that survey requisitioned, I am certain that this court will be justified in disposing of this writ petition with the following directions:
(a) The 2nd respondent – Tahsildar will ensure that the survey with respect to the Canal Bund is completed, with the assistance of the Taluk Surveyor, as
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expeditiously as is possible, not later than three months from the date of receipt of a copy of this judgment.
(b) On the survey sketch and report being received by the Tahsildar, he shall forward the same to the 4th respondent – Executive Engineer (PVIP), who will then take necessary action against every encroachment, including it found against the 6th respondent; and complete proceedings, after following due procedure, as also after affording an opportunity of being heard to the petitioners, as expeditiously as is possible, but not later than four months from the date of receipt of the said survey sketch and plan.
Sd/DEVAN RAMACHANDRAN JUDGE
ANB
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APPENDIX OF WP(C) 2171/2022
PETITIONER EXHIBITS
| Exhibit | P1 TRUE COPY NO.119/201 |
OF 5. |
THE | SETTLEMENT DEED |
|---|---|---|---|---|
| Exhibit | P2 TRUE COPY PROPERTY. |
OF T | HE T | AX RECEIPT OF THE |
| Exhibit | P3 TRUE COPY FROM THE T |
OF ALUK |
TH OFF |
E ACKNOWLEDGEMENT ICE. |
| Exhibit | P4 TRUE COPY ENCLOSURES |
OF . |
THE | APPLICATION WITH |
| Exhibit | P5 TRUE COPY BY THE AE, FIXING THE |
OF PVI PVI |
THE P TO P CA |
REQUEST SUBMITTED THE TAHSILDAR FOR NAL BOUNDARY. |
| Exhibit | P6 TRUE COPY TO THE ERNAKULAM. |
OF |
THE DISTR |
REQUEST SUBMITTED ICT COLLECTOR, |
1 issue framed by the court
Whether the official respondents should be directed to survey the Canal Bund Road and take action against an alleged encroachment.
C M Alias and Mrs. Elikutty Alias
The District Collector
The Tahsildar
The Village Officer
The Executive Engineer PVIP
The Assistant Engineer
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
