The High Court directed the competent respondent to complete proceedings for eviction of the 5th respondent's encroached shops after hearing both parties within three months.
Order completed proceedings for eviction after hearing parties within three months.
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 DEVAN RAMACHANDRAN
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 3312 OF 2022
PETITIONERS:
1 ALIAS K.T., AGED 51 YEARS, S/O THOMAS K.V, KUNNATH HOUSE, ONAKOOR P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 6672 MAYA ALIAS, AGED 42 YEARS, W/O ALIAS K.T, KUNNATH HOUSE, ONAKOOR P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 6673 K.C.THAMPY, AGED 62 YEARS, S/O CHERIYA, KOLLARAYILL HOUSE, PERIYAPPURAM P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 673BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
NEENU ANNA BABU
AJAI ALIAS CHALAPPURAM
RESPONDENTS:
1 THE EXECUTIVE ENGINEER, PWD , ROAD SECTION, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 6732 ASSISTANT ENGINEER, PWD, ROAD SECTION, PIRAVOM MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 6643 THE TALUK SURVEYOR, TALUK OFFICE, MUVATTUPUZHA TALUK, MUVATTUPUZHA P.O, ERNAKULAM DISTRICT, PIN-686 6694 THE VILLAGE OFFICER, ONAKOOR VILLAGE, ONAKOOR P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 6675 JOY PLAMTHOTTATHIL, AGED 65 YEARS FATHERS NAME NOT KNOWN TO THE PETITIONER, PLAMTHOTTATHIL HOUSE, ONAKOOR P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 667SMT. MABLE.C.KURIAN,SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 3312/22
2
JUDGMENT
The petitioners allege that, in spite of Ext.P7 letter of the
2nd respondent – Assistant Engineer and Ext.P8 proceedings of the 3rd respondent – Taluk Surveyor, wherein, it has been found that
some of the shops of the 5 th respondent are in encroachment of the road ‘purambokku’ area, no action has been yet taken.
2 . Sri.Alias M. Cherian – learned counsel for the petitioners, pointed out that, in Ext.P7, the 2 nd respondent has sought for action to evict three offending structures on the ‘purambokku’; while, in Ext.P8, the Taluk Surveyor has recorded, as early as on 10.01.2022, that such work can be completed only during the summer season. He says that since the season is now summer, action pursuant to Ext.P8 must be completed.
3 . In response, the learned Senior Government Pleader –
Smt.Mable C. Kurian, submitted that necessary action consequent to Exts.P7 and P8 will certainly be completed after hearing the th 5 respondent also. She submitted that measures in this regard will be taken and finished without any avoidable delay.
WPC 3312/22
3
Taking note of Exts.P7 and P8 and in particular, the afore
submissions of the learned Senior Government Pleader, I order
this Writ Petition and direct the competent respondent to complete proceedings pursuant to the said proceedings, after affording the petitioner, as also the 5 th respondent, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible but not later than three months from the date of receipt of a copy of this
judgment.
Sd/-
RR
DEVAN RAMACHANDRAN
JUDGE
WPC 3312/22
4
APPENDIX OF WP(C) 3312/2022
PETITION |
ER |
EXHIBITS |
||
|---|---|---|---|---|
Exhibit |
P1 |
TRUE COPYKL0707050ISSUED FR |
OF346OM |
BASIC TAX RECEIPT NO4/2021 DATED 23.7.2021THE VILLAGE OFFICE, ONAKOOR |
Exhibit |
P2 |
TRUE COPY7.12.2020 |
OFIS |
NOTICE NO F4/5124/20 DATEDSUED BY THE 3RD RESPONDENT |
Exhibit |
P3 |
TRUE COPYDATED 14.RESPONDEN |
OF8.2T/V |
LETTER NO L.DIS 2249/19/F4020 ISSUED BY THE 4THILLAGE OFFICER |
Exhibit |
P4 |
TRUE COPYSUBMITTEDRESPONDEN |
OFBYT |
COMPLAINT DATED 28.7.20203RD PETITIONER BEFORE 1ST |
Exhibit |
P5 |
TRUE COPYSUBMITTEDRESPONDEN |
OFBYT |
COMPLAINT DATED 28.7.20203RD PETITIONER BEFORE 4TH |
Exhibit |
P6 |
TRUE COPYGIVEN BYRESPONDEN |
OF3RDT |
COMPLAINT DATED 3.8.2020PETITIONER BEFORE 2ND |
Exhibit |
P7 |
TRUE COPY4.8.2020THE 3RD P |
OFISSETI |
THE LETTER NO P88/97 DATEDUED BY THE 2ND RESPONDENT TOTIONER |
Exhibit |
P8 |
TRUE COPY10.1.2022 |
OFIS |
REPORT NO F4/5124/20 DATEDSUED BY THE 3RD RESPONDENT |
1 issue framed by the court
Whether the petitioners have a right to evict the 5th respondent for encroachment on the road 'purambokku' area with a deadline.
1 ALIAS K.T., MAYA, K.C.THAMPY
THE EXECUTIVE ENGINEER, PWD
ASSISTANT ENGINEER, PWD
THE TALUK SURVEYOR
THE VILLAGE OFFICER, ONAKOOR
JOY PLAMTHOTTATHIL
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court