Disposed

Sivadasan K v. the District Collector, Palakkad

Kerala HC29 Nov 2023WP(C)/36973/2022

Case brief

AI extract

What is this about?

The Court dismissed the Writ Petition seeking removal of encroachment on government property. It directed the Municipal Corporation to initiate complaint proceedings within two months upon the petition, with notice to the encroachers, and granted the village officer assistance for identification.

What did the court decide?

Petitioner is directed to file a request before the Municipality within two weeks; Municipality must register a complaint within two months with notice to all parties.

Sivadasan K Vs the District Collector, Palakkad — Land Acquisition | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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WEDNESDAY, THE 29^TH DAY OF NOVEMBER 2023 / 8TH AGRAHAYANA, 1945

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WP(C) NO. 36973 OF 2022

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PETITIONER:

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SIVADASAN K AGED 59 YEARS S/O. KRISHNAN, EZHUTHASSAN VEEDU, PUTHUR, PALAKKAD DISTRICT, PIN - 678001

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BY ADVS. JACOB SEBASTIAN K.V.WINSTON ANU JACOB

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, PALAKKAD CIVIL STATION, COLLECTORATE P.O, PALAKKAD DISTRICT, PIN - 678001

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2 THE THAHSILDAR (LAND RECORDS) PALAKKAD, TALUK OFFICE, CIVIL STATION P.O, PALAKKAD DISTRICT, PIN - 678001

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3 THE VILLAGE OFFICER PALAKKAD-2 VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678001

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4 KUNCHI W/O.VELLA, THOTTUPALAM, RAMANATHAPURAM, PALAKKAD DISTRICT, PIN - 678001

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5 ADDL.R5 THE PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD DISTRICT, PIN - 678001; REPRESENTED BY ITS SECRETARY. [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 12.07.2023 IN I.A-1/2023 IN WP(C) 36973/2022]

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WP(C)NO.36973/2022

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6 ADDL.R6 DEVU, AGED 60 YEARS, W/O. PONNAN AND D/O.LATE KUNCHI, THOTTUPALAM, RAMANATHAPURAM, PUTHUR, PALAKKAD DISTRICT, PIN-678001. 7 ADDL.R7 CHELLA, AGED 58 YEARS, W/O. SUKUMARAN AND D/O. LATE KUNCHI, KANALPALAM, KALLEPPULLY P.O, PALAKKAD DISTRICT, PIN-678005. 8 ADDL.R8 THANKAMANI, AGED 56 YEARS, W/O. CHANDRAN AND D/O. LATE KUNCHI, HARITHA NAGAR, RAMANATHAPURAM, PUTHUR, PALAKKAD DISTRICT, PIN-678001. 9 ADDL.R9 PARVATHY, AGED 54 YEARS, W/O. RAJAN AND D/O. LATE KUNCHI, T.NAGAR, NERUKAKKAD, PALAKKAD DISTRICT, PIN-678005. 10 ADDL.R10 MADHAVI, AGED 49 YEARS, D/O. LATE KUNCHI, THOTTUPALAM, RAMANATHAPURAM, PUTHUR, PALAKKAD DISTRICT, PIN-678001. [ADDL.R6 TO R10 ARE IMPLEADED AS PER ORDER DATED 29/11/2023 IN I.A-3/2023 IN WP(C) 36973/2022]

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BY ADVS. SUNIL V.MOHAMMED No Advocate AJITHA APPU(K/393/2014) M.S.NEETHUMOL(K/000181/2017) DELLA MARIAM THOMAS(K/00971/2022)

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BY ADV.SRI.RIYAL DEVASSY, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)NO.36973/2022

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JUDGMENT

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Dated this the 29^th day of November, 2023

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The petitioner has approached this Court seeking a

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direction commanding respondents 1 to 3 to immediately vacate the encroachment made by the fourth respondent into the Government property (puramboke) in Ward No.2, Block No.31 of Palakkad-2 Village, Palakkad Taluk.

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While pending consideration of the Writ Petition, the

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fourth respondent expired and her legal heirs are impleaded as additional respondent Nos.6 to 10.

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When the matter was taken up for consideration, learned Standing Counsel for the fifth respondent would submit that the property stands vested in the Municipality and that no complaint has been preferred by the petitioner and if a complaint is preferred by the petitioner, strict action will be taken in accordance with law.

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The petitioner submits that appropriate request will be made before the fifth respondent within a period of two weeks from the date of receipt of a copy of this judgment.

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If a complaint is filed as stated above, the fifth respondent shall take appropriate action thereon with notice to the petitioner as well as additional respondent Nos.6 to 10 and complete the said proceedings within an outer limit of two months. If the fifth respondent requires any assistance for identification of the property or otherwise, he/she will be free to approach the third respondent who shall render necessary assistance to the fifth respondent.

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This Writ Petition is disposed of as above.

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Sd/-

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VIJU ABRAHAM JUDGE

csl

APPENDIX OF WP(C) 36973/2022

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PETITIONER'S EXHIBITS

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Exhibit-P1	A TRUE COPY OF PETITIONER BEF DATED 15.06.20	THE ORE 22.	COMPLAINT OF THE THE 2ND RESPONDENT
Exhibit-P2	A TRUE COPY OF RESPONDENT DAT	THE ED 0	REPORT OF THE 3RD 4.08.2022.
Exhibit-P3	A TRUE COPY OF 31.08.2022 OF	THE THE	LETTER DATED 2ND RESPONDENT.
Exhibit-P4	A TRUE COPY OF	THE	LETTER DATED
	03.11.2022 OF	THE	2ND RESPONDENT.

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RESPONDENTS' EXHIBITS

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Exhibit R4(1)	True copy to the 4th	of the respo	Ration Card issued ndent
Exhibit R4(2)	True copy respondent	of the	Voters ID of the 4th
Exhibit R4(3)	True copy 4th respon	of the dent	Aadhar Card of the

Sivadasan K v. the District Collector, Palakkad

Case brief

What is this about?

What did the court decide?

Sivadasan K v. the District Collector, Palakkad

Case brief

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What did the court decide?

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