Dismissed

Basil Joseph v. the Executive Engineer

Kerala HC7 Mar 2024WP(C)/10423/2021

Case brief

AI extract

What is this about?

Cross writ petitions over alleged encroachment of Government land. The court found prior Form B and Form C notices were issued under the Kerala Land Conservancy Act, dismissed the occupant's petition challenging the eviction notice, and directed officials to implement earlier reports and letters for eviction.

What did the court decide?

WP(C) 25906/2022 dismissed; WP(C) 10423/2021 disposed with direction to respondents 1-3 to take action implementing Exts.P1 to P3.

Basil Joseph Vs the Executive Engineer — Landlord and Tenant | Kerala HC (2024)

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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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THURSDAY, THE 7^TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

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WP(C) NO. 10423 OF 2021

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PETITIONER:

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BASIL JOSEPH AGED 39 YEARS S/O. OUSEPH, MOOSARIKKUDI HOUSE, (MATTATHIL), VEETTOOR, NELLADU P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT.

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BY ADV C.K.PREM RAJ

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RESPONDENTS:

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1 THE EXECUTIVE ENGINEER PVIP DIVISION NO. 2, THOTTAKKATTUKARA P.O, ALUVA, ERNAKULAM DISTRICT - 683108.

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2 THE ASSISTANT EXECUTIVE ENGINEER PVIP SUB DIVISION NO.6, PERUMBAVOOR, ERNAKULAM DISTRICT - 683542.

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3 THE TAHSILDAR TALUK OFFICE, KUNNATHUNADU, PERUMBAVOOR, ERNAKULAM DISTRICT - 683542.

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4 KOCHUKUNJU V.K. S/O. KURIAKKO, VELLALAYIKKUDI HOUSE, VEETTOOR, KUNNATHUNADU TALUK, NELLAD P.O, ERNAKULAM DISTRICT, PIN - 686669.

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BY ADVS. K.S.ARUN KUMAR JUSTINE JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2024, ALONG WITH WP(C).25906/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos. 10423 of 2021 and 25906 of 2022

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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 THURSDAY, THE 7^TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 WP(C) NO. 25906 OF 2022

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PETITIONER:

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KOCHUKUNJU V.K AGED 59 YEARS S/O KURIAKKO, VELLALAYIKKUDI HOUSE, VEETTOOR, KUNNATHUNADU TALUK, NELLAD P.O. ERNAKULAM DISTRICT, PIN 686669

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BY ADVS. K.S.ARUN KUMAR AMRUTHA P S VIJAY SANKAR V.H. SRUTHY UNNIKRISHNAN AISWARYA E J VETTIKOMPIL SWARAJ M. NAIR(K/924/2004)

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RESPONDENTS:

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1 THE EXECUTIVE ENGINEER PVIP DIVISION NO.2 THOTTAKKATTUKARA P.O, ALUVA ERNAKULAM DISTRICT 683108

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2 THE ASSISTANT EXECUTIVE ENGINEER PVIP SUB DIVISION NO.6 PERUMBAVOOR, ERNAKULAM DISTRICT 683542

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3 TALUK SURVEYOR KUNNATHUNADU, TALUK PERUMBAVOOR ERNAKULAM DISTRICT 683543

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4 VILLAGE OFFICER, MAZHUVANOOR, SOUTH MAZHUVANNOOR P.O, ERNAKULAM

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W.P.(C)Nos. 10423 of 2021 and 25906 of 2022

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686669

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5 THE TAHSILDAR, TALUK OFFICE, KUNNATHUNADU, PERUMBAVOOR ERNAKULAM DISTRICT 683542

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6 DISTRICT COLLECTOR DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL STATION, KAKKANAD ERNAKULAM 682 030.

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ADDL.R7 IMPLEADED

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ADDL.7 BASIL JOSEPH, AGED 40 YEARS, S/O. OUSEPH, MOOSARIKKUDI HOUSE, (MATTATHIL ), VEETTOOR, NELLADU P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686669 (ADDL. R7 IMPLEADED AS PER ORDER DATED 23-06-2023 IN IA 1/2023)

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BY ADV C.K.PREM RAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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07.03.2024, ALONG WITH WP(C).10423/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos. 10423 of 2021 and 25906 of 2022 4

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JUDGMENT

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WP(C) No.10423/2021 is filed seeking implementation of Exts.P1 to P3 and to evict the 4^th respondent from the Government land, whereas WP(C) No.25906/2022 is filed by the 4^th respondent in the other writ petition aggrieved by Ext.P4 notice. The essential contention raised in WP(C) No.25906/2022 is that, no prior notice was issued to the occupant as mandated under Section 12 of the Kerala Land Conservancy Act ('the Act' for short) before issuing final orders as per Ext.P4.

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The learned Government Pleader would submit on the basis of the counter affidavit filed by the 1^st respondent that the survey was conducted with notice to the petitioner in WP(C) No.25906/2022 wherein, it was found that the petitioner has encroached upon the Government land and a notice dated 26.07.2022 was issued directing the petitioner to dismantle the illegal constructions within 7 days of acceptance of this notice. It is also stated therein that the first notice in Form B was issued to the

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W.P.(C)Nos. 10423 of 2021 and 25906 of 2022 5

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petitioner on 14.05.2021 and the second notice in Form C was issued on 09.06.2021 and therefore, the contention that the proceedings initiated as per Ext.P4 is in violation of Section 12 of the Act is without any merit. No reply affidavit has been filed by the petitioner refuting the contentions stated in the counter affidavit.

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In the above circumstances, I find no merit in WP(C) No.25906/2022 and is accordingly dismissed and WP(C) No.10423/2021 is disposed of with a direction to respondents 1 to 3 to take appropriate action for implementation of Exts.P1 to P3.

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Sd/-VIJU ABRAHAM JUDGE

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lsn

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W.P.(C)Nos. 10423 of 2021 and 25906 of 2022

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APPENDIX OF WP(C) 25906/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY O	F THE NOTICE SENT BY THE
	PETITIONER 2ND 18.11.2015.	RESPONDENT TO THE DATED
Exhibit P2	A TRUE COPY OF THE 5TH RESPOND	THE REPRESENTATION SENT TO ENT DATED 28.06.2016
Exhibit P3	A TRUE COPY OF THE PETITIONER 24.05.2021	THE REPRESENTATION SEND BY TO THE 2ND RESPONDENT DATED
Exhibit P4	THE TRUE COPY O	F THE NOTICE ISSUED BY THE
	2ND RESPONDENT 26.07.2022	TO THE PETITIONER DATED

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W.P.(C)Nos. 10423 of 2021 and 25906 of 2022

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APPENDIX OF WP(C) 10423/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, MAZHUVANNOOR TO THE 3RD RESPONDENT DATED 16.03.2015. EXHIBIT P2 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE ASSISTANT ENGINEER, DATED 14.09.2015. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 28.11.2015 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P4 COMPLAINTS DATED 16.02.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Basil Joseph v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

Basil Joseph v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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