Disposed

T. Vijayan v. the District Collector

Kerala HC27 May 2024WP(C)/1130/2023

Case brief

AI extract

What is this about?

The Court directed the respondents to conduct a survey, mark any encroachments on the specified bund road, and initiate proceedings under the Kerala Land Conservancy Act to remove them, completing these actions within four months with notice to the parties.

What did the court decide?

Direction to respondents to survey, mark, and remove encroachments and initiate proceedings under the Kerala Land Conservancy Act within four months.

T. Vijayan Vs the District Collector — Municipal and Town Planning | 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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MONDAY, THE 27^TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946

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WP(C) NO. 1130 OF 2023

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PETITIONERS:

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1 T. VIJAYAN AGED 70 YEARS S/O. THANKAPPAN, T.C. 2/1956(OLD), 'THARA BHAVAN' GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM- 695004, PRESENTLY RESIDING AT T.C. 12/2836, CVRA-101, VYLIKKADA, MUKOLA P.O., THIRUVANANTHAPURAM, PIN - 695043 2 T.R. SOBHA AGED 62 YEARS W/O. T. VIJAYAN, T.C. 2/1956(OLD), 'THARA BHAVAN' GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM- 695004, PRESENTLY RESIDING AT T.C. 12/2836, CVRA-101, VYLIKKADA, MUKOLA P.O., THIRUVANANTHAPURAM, PIN - 695043 3 T.R. USHAKUMARI AGED 65 YEARS W/O. RAJAPPAN, T.C. 17/4345, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004

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4 SASIDHARAN. P AGED 72 YEARS S/O. PACHAN, T.C. 17/4544, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004 BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) ATHUL V. VADAKKEDOM

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043

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2 THE REVENUE DIVISIONAL OFFICER COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043

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3 THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION OFFICE OF THE CHIEF ENGINEER, PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM, PIN - 695033

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: 2 :

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W.P.(C). No.1130 of 2023

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4	THE TAHSILDAR TALUK OFFICE, THIRUVANANTHAPURAM, PIN - 695023
5	THE TALUK SURVEYOR TALUK OFFICE, THIRUVANANTHAPURAM, PIN - 695023
6	THE VILLAGE OFFICER PATTOM VILLAGE OFFICE, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
ADDL.7	SANKARAN,S/O PICHAN T.C., 17/4545, MULAVANA BUND ROAD, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM , PIN - 695004
ADDL.8	ASHOKAN B. S/O BABU T.C., 2/26, MULAVANA BUND ROAD, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM , PIN - 695004
ADDL.9	SUMATHI SYLAJA W/O MOHANAN S., T.C. 2/27, MULAVANA BUND ROAD, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM , PIN - 695004
ADDL.10	RADHA W/O MANIYAN, T.C. 16/1318, MULAVANA BUND ROAD, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM , PIN - 695004
ADDL.11	AMBILI P. W/O REGHU, MULAVANA-THEKKUMMOODU BUND ROAD, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM , PIN - 695004
ADDL.12	SANTHA M. W/O GOPI, T.C. 16/1307, MULAVANATHEKKUMMOODU BUND ROAD, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM , PIN - 695004
	*(ADDL. RESPONDENTS 7 TO 12 ARE IMPLEADED AS PER ORDER DATED. 16.06.2023 IN I. A. NO.1 OF 2023) BY ADVS. saneesh kumar k V.B.SANTHINI(K/700/2006)**

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OTHER PRESENT:

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GP-DEEPA V

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

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27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No.1130 of 2023

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: 3 :

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VIJU ABRAHAM, J.

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- - - - W.P.(C) No.1130 of 2023

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- - - - Dated this the 27^th day of May, 2024

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JUDGMENT

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The petitioners have approached this Court seeking a direction to respondents 1 to 6 to remove the encroachment made by the public in the Mulavana-Thekkummoodu bund road comprised in Block No.65, Survey No.19 of Pattom Village as reported by the 3^rd and 4^th respondents in Exts. P4, P7 and P9 and to initiate further proceedings under the provisions of the Kerala Land Conservancy Act, so as to enable the petitioners to use the road as a motorable way. The petitioners have also sought for a direction to respondents 1 to 3 to act on Exts.P1 and P3 representations, submitted by them.

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It is averred that the petitioners are having properties on the western side of the Mulavana-Thekkumoodu Bund road at Thiruvananthapuram. The petitioners have purchased properties on the side of the bund road which was having a width of 3.8 metres and have put up residential buildings in the said properties. The petitioners have approached this Court aggrieved by the illegal encroachment on the sides of the said bund road by certain persons

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W.P.(C). No.1130 of 2023 : 4 :

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including respondents 7 to 12 causing obstruction to the vehicular traffic by constructing temporary residences on the revenue puramboke. The petitioners have a specific case that some of these respondents have been even granted houses under the Life Mission Project and to the knowledge of the petitioners, they have rented out the said houses and still continuing in the shed which has been constructed encroaching upon the bund road. The petitioners submit that they have preferred Exts.P1 and P3 requests in this regard and as per Exts.P4, P7 and P9 encroachment has been clearly found out, but no action has been taken by the official respondents in this regard. The petitioners submit that necessary enquiry and survey may be conducted and appropriate steps may be taken based on Exts.P4, P7 and P9.

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Heard the learned counsel for the petitioners, the learned Government Pleader and the learned counsel appearing for respondents 7 to 12.

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A perusal of Ext.P9 would reveal that in the enquiry it was found that there is encroachment upon the bund road and that necessary steps in this regard is to be taken by the revenue authority. After hearing both sides I am inclined to dispose of the writ petition as follows:

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W.P.(C). No.1130 of 2023

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: 5 :

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Respondents 1 to 6 shall take steps to mark the encroachment and remove the same if any, if required, after conducting a survey and take appropriate proceedings as per the provisions of the Kerala Land Conservancy Act. The survey as well as the proceedings shall be done with notice to the petitioners and respondents 7 to 12 and the same shall be finalised within an outer limit of four months from the date of receipt of a copy of this judgment.

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Sd/- VIJU ABRAHAM JUDGE

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sm/

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: 6 :

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W.P.(C). No.1130 of 2023

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APPENDIX OF WP(C) 1130/2023

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PETITIONER EXHIB Exhibit P1	ITS TRUE COPY 14.7.2015 AND OTHERS	OF THE REPRESENTATION DATED SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P2	TRUE COPY SUBMITTED OTHERS B MINISTER O	OF THE REPRESENTATION DATED NIL BY THE PETITIONERS 2, 3 AND EFORE THE HONOURABLE CHIEF F KERALA
Exhibit P2(a)	TRUE COPY EVIDENCING THE OFFIC MINISTER	OF THE ACKNOWLEDGEMENT RECEIPT THE ACCEPTANCE OF EXHIBIT P2 BY E OF THE HONOURABLE CHIEF
Exhibit P3	TRUE COPY SUBMITTED OTHERS BEF	OF THE REPRESENTATION DATED NIL BY THE PETITIONERS 2, 3 AND ORE THE 3RD RESPONDENT
Exhibit P4	TRUE COPY	OF THE PROCEEDINGS NO. C5-
	47813/15 RESPONDENT	DATED 29.2.2020 OF THE 4TH
Exhibit P5	TRUE COPY SUBMITTED PUBLIC INF THIRUVANAN	OF THE REQUEST DATED 3.10.2022 BY THE 2ND PETITIONER BEFORE THE ORMATION OFFICER, TALUK OFFICE, THAPURAM
Exhibit P6	TRUE COPY SUBMITTED PUBLIC INF 3RD RESPON	OF THE REQUEST DATED 3.10.2022 BY THE 2ND PETITIONER BEFORE THE ORMATION OFFICER, OFFICE OF THE DENT
Exhibit P7	TRUE COPY	OF THE PROCEEDINGS NO. C5-
	47813/15 RESPONDENT	DATED 25.10.2022 OF THE 4TH
Exhibit P8	TRUE COPY 4.11.2022 OFFICER AN PETITIONER	OF THE PROCEEDINGS DATED ISSUED BY THE PUBLIC INFORMATION D DEPUTY TAHSILDAR TO THE 2ND
Exhibit P9	TRUE COPY 7.11.2022 INFORMATIO PROJECT MO	OF THE COMMUNICATION DATED ISSUED BY THE STATE PUBLIC N OFFICER AND JOINT DIRECTOR, NITORING TO THE 2ND PETITIONER
Exhibit P10	TRUE COPY POSITION O	OF THE PLAN SHOWING THE LAY AND F MULAVANA-THEKKUMMODU BUND ROAD

T. Vijayan v. the District Collector

Case brief

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T. Vijayan v. the District Collector

Case brief

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