Petitioners sought writ relief regarding encroachment on a public drain and discrepancies in revenue plans. The court dismissed the writ petition as infructuous.
None granted. The writ petition was dismissed as infructuous.
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 MURALI PURUSHOTHAMAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 18202 OF 2019
PETITIONER/S:
1 PARISTHISTHY SAMRAKSHANA JANAKEEYA SAMITHY, (REG.NO.E.R.527/08), KARUKUTTY P.O., MAMBRA, ERNAKULAM DISTRICT - 683 576, REPRESENTED BY ITS PATRON P.P.PHILIP.2 M.O.PAUL, AGED 59 YEARS S/O.M.P.OUSEPH, MALIEKKAL HOUSE, MAMBRA, KARUKUTTY P.O., PIN - 683 576. BY ADV ABDUL JAWAD K. ADV GRANCY JOSE A.RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 036.2 THE DISTRICT COLLECTOR,ERNAKULAM - 682 035.3 THE TAHSILDAR, ALUVA -683 101.4 THE KARUKUTTY GRAMA PANCHAYAT, KARUKUTTY P.O., ERNAKULAM DISTRICT - 683576, REPRESENTED BY ITS SECRETARY.5 THE VILLAGE OFFICER, KARUKUTTY VILLAGE, ERNAKULAM DISTRICT - 683 576.6 NIXON VARGHESE, PARAMBI HOUSE, MAMBRA, KARUKUTTY P.O., ERNAKULAM DISTRICT - 683 576.7 DEPUTY DIRECTOR OF PANCHAYAT, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT, CIVIL STATION, ERNAKULAM, PIN-682 030. ADDL. R7 IMPLEADED AS PER ORDER DATED 27/08/2019 IN IA.4/2019.W. P. (C) No. 18202 of 2019
-2-
BY ADVS.
SRI.G.SANTHOSH KUMAR (P).
SRI.V.M.KRISHNAKUMAR
SRI. V. TEKCHAND, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 18202 of 2019
-3-
J U D G M E N T
S. Manikumar, C. J.
Instant writ petition is filed by the petitioners seeking for the following reliefs:-
“i) To issue a writ of mandamus commanding the respondents 1 to 5 to ensure that the traditional public drain along the property of the 6th respondent is restored to its original position after removing encroachment over the same;
ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to ensure that the illegally constructed septic tank close to the PWD drain and PWD road is demolished and removed from the present location;
ii) To direct the respondents 1 to 3 to ensure that all revenue sketches and plans including Torrens Plan of the property of the 6th respondent and other nearby properties contain specific marks and references of the traditional public drain covered by Ex.P1 and P3;
iv) Pass an order or direction directing the 2nd respondent to conduct an enquiry into the circumstances under which the discrepancy as to the extent of land was occurred in the possession certificate, issued to the 6th respondent as well as of
W. P. (C) No. 18202 of 2019
-4-
not properly mentioning about the traditional drain in the Torrens Plan and other revenue plans”
matter of the writ petition has become infructuous.
Placing on record the above submission, the writ petition is
dismissed as infructuous.
Sd/S. MANIKUMAR CHIEF JUSTICE
Sd/MURALI PURUSHOTHAMAN JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
PARISTHISTHY SAMRAKSHANA JANAKEEYA SAMITHY
M.O.PAUL
THE STATE OF KERALA
THE DISTRICT COLLECTOR
THE TAHSILDAR
THE KARUKUTTY GRAMA PANCHAYAT
S.MANIKUMAR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court