Partly allowed

M.M. Salim v. Secretary to Government

Kerala HC24 Nov 2023WP(C)/4122/2022

Case brief

AI extract

What is this about?

Petitioner sought direction to Kochi Corporation and Revenue officials to survey Karunakaran Road and evict encroachers. Court directed the Corporation to survey the road within 9 months and take further steps to evict encroachers based on survey results.

What did the court decide?

Direction to the 3rd respondent to conduct a survey of Karunakaran Road within 9 months, with notice to affected parties, and for the 5th respondent to initiate eviction steps based on the outcome.

M.M. Salim Vs Secretary to Government — Constitutional and Fundamental Rights | 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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FRIDAY, THE 24^TH DAY OF NOVEMBER 2023 / 3RD AGRAHAYANA, 1945

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WP(C) NO. 4122 OF 2022

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PETITIONER/S:

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M.M. SALIM AGED 61 YEARS HOUSE NO.21 OF 184, MA MATHEW ROAD, PERUMPADAPPU, EDAKOCHI VILLAGE, PALLURUTUHY P.O, KOCHI ERNAKULAM, PIN - 682006

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BY ADVS. ABRAHAM P.GEORGE M.SANTHY

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RESPONDENT/S:

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1 SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM ERNAKULAM, PIN - 695001

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2 DISTRICT COLLECTOR ERNAKULAM OFFICE AT CIVIL STATION, KAKKANAD, PIN - 682030

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3 TAHASILDAR, KOCHI TALUK OFFICE AT MATTANCHERRY, KOCHI, PIN - 682001

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4 VILLAGE OFFICER EDAKOCHI VILLAGE, EDAKOCHI P.O, PIN - 682010

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5 SECRETARY KOCHI CORPORATION, CORPORATION OFFICE, NEAR BOAT JETTY, ERNAKULAM, PIN - 682011

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6 REVENUE DIVISIONAL OFFICER FORT KOCHI, FORT KOCHI P.O, KOCHI, PIN - 682001

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BY ADV SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION

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OTHER PRESENT:

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W.P.(C).No.4122 of 2022 2

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GP - SYAMANTHAK B.S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.4122 of 2022 3

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VIJU ABRAHAM,J

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W.P.(C).No.4122 of 2022

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Dated this the 24^th day of November, 2023

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JUDGMENT

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Petitioner has approached this Court seeking a

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direction to respondents 2 to 5 herein to act upon

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the grievances highlighted in Ext.P3

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representation and Exts.P4 and P6 lawyer notices to conduct survey measurement of the road namely,

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Karunakaran Road – Coastal Road near Pashnithode lake situates in Division No.17 (Perumpadappu) of Kochi Corporation with the help of original survey records, identify the encroachments into the above said public road, remove the same as ordered by the 2^nd respondent in Ext.P5 order at the earliest.

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By Ext.P5, the 2^nd respondent has issued a

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direction to conduct an enquiry into the same and

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to evict the encroachment in the 'Sarkar

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puramboke'. Petitioner submits that Exts.P3, P4

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and P5 are representations/lawyer notices making the said request.

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W.P.(C).No.4122 of 2022 4

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The learned Standing Counsel for the 5^th

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respondent has filed a counter affidavit stating that the K Karunakaran Road in Perumpadappu Division No.17 belong to the Corporation and the 5^th respondent has issued a letter to the Taluk Surveyor to measure and demarcate the properties of nearly 50 land owners who are on the west side of the said road, so that encroachments can be identified. Since the road is in the ownership of the 5^th respondent and necessary request has been made to the Taluk Surveyor to conduct a survey, above writ petition is disposed of with the following directions:

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The 3^rd respondent shall take necessary steps on request by the 5^th respondent to conduct a survey with notice to all affected parties and to complete the survey proceedings at the earliest, within a period of 9 months. Subject to the outcome of the survey proceedings, further steps shall be initiated by the 5^th respondent to evict the encroachment, if any. All the proceedings including the survey and consequential steps to be

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W.P.(C).No.4122 of 2022 5

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initiated by the 5^th respondent shall be with notice to the affected parties.

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Sd/-

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VIJU ABRAHAM, JUDGE

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W.P.(C).No.4122 of 2022 6

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APPENDIX OF WP(C) 4122/2022

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PETITIONER'S EXHIBITS

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Exhibit1	THE SCREENSHOT FROM THE MALAYALAM FILM, TRIVENI SHOWS THE OLD POSITION OF THE PUBLIC ROAD AND THE SURROUNDINGS
Exhibit2	PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE PUBLIC ROAD (KARUNAKARAN ROAD ) IN DIV.NO. 17 (PERUMPADAPU) OF KOCHI CORPORATION AND ENCROACHMENTS
Exhibit3	THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.8.2019 SUBMITTED BY THE PETITIONER AND OTHERS ( SUBMITTED ON 6.9.2019)
Exhibit3(a)	THE TRUE PHOTOCOPY OF RECEIPT NO. 12332 DATED 6.3.2019 ISSUED AGAINST EXT. P3 FROM THE OFFICE OF RDO
Exhibit4	THE TRUE PHOTOCOPY OF THE LAWYER NOTICE DATED 16.9.2020 (SENT ON 17.9.2020) TO RESPONDENTS 1,2, 4 AND 5
Exhibit5	TRUE PHOTOCOPY OF THE INTIMATION DATED 30.9.2020 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE COUNSEL FOR THE PETITIONER.
Exhibit6	TRUE PHOTOCOPY OF THE NOTICE DATED 13.8.2021 ISSUED BY THE PETITIONER THROUGH HIS COUNSEL TO THE 2ND RESPONDENT

M.M. Salim v. Secretary to Government

Case brief

What is this about?

What did the court decide?

M.M. Salim v. Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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