Disposed

Raju v. the Taluk Surveyor

Kerala HC5 Mar 2024WP(C)/25594/2019

Case brief

AI extract

What is this about?

Writ petition challenging Panchayat's order to remove a bunk and pond allegedly encroaching on thode puramboke. The court directed the Taluk Surveyor to survey and demarcate within two months after hearing the petitioner and fourth respondent; if encroachment is found, the Panchayat shall remove it without further notice.

What did the court decide?

Taluk Surveyor directed to survey and demarcate petitioner's property within two months; removal by Grama Panchayat only if encroachment found.

Raju Vs the Taluk Surveyor — 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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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TUESDAY, THE 5^TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 WP(C) NO. 25594 OF 2019

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PETITIONER:

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RAJU, AGED 62 YEARS, S/O.KESAVAN, MOOLAYIL HOUSE, NADUMATTOM, RAJAKUMARI POST AND VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

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BY ADVS. S.JIJI SRI.PRATHEESH PRABHA

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RESPONDENTS:

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1 THE TALUK SURVEYOR, TALUK OFFICE COMPLEX, UDUMBANCHOLA TALUK, NEDUMKANDOM, IDUKKI DISTRICT-685553.

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2 THE SPECIAL THAHASILDAR(L.A), RAJAKUMARI, UDUMBANCHOLA TALUK, IDUKKI DISTRICT-685619.

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3 RAJAKUMARI GRAMA PANCHAYATH, RAJAKUMARI SOUTH.P.O., UDUMBANCHOLA TALUK, IDUKKI DISTRICT-685619, REPRESENTED BY ITS SECRETARY.

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ADDL.R4 JESTIN ABRAHAM, AGED 45, S/O.ABRAHAM, ERATTAPLACKAL, RAJAKUMARI SOUTH P.O., EDAMATTAM, IDUKKI DISTRICT.

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(ADDL.4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 5.3.2024 IN I.A.NO.1/2020)

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BY ADVS. SRI.SAJI MATHEW, SC, RAJAKUMARI GRAMA PANCHAYATH SRI.V.PHILIP MATHEW SRI.JEPH JOSEPH SRI.Y.JAFFARKHAN, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.25594/2019 2

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JUDGMENT

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A. Muhamed Mustaque, J .

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The issue in this matter is the alleged encroachment of the thode puramboke by the petitioner. By acting on a complaint by a third party who was not made a party to the writ petition, the Revenue Divisional Officer directed the Grama Panchayath to initiate action. The Grama Panchayath found that the petitioner had constructed a bunk and a pond in the thode puramboke and ordered to remove the same. This is challenged in the writ petition. According to the petitioner, without there being a demarcation by the competent authority, the action now initiated is illegal. The petitioner submitted Ext.P6 before the Taluk surveyor, Rajakumari, for the survey and demarcation of the property.

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Having considered the facts and circumstances, we order that the competent Taluk Surveyor shall survey and demarcate the property belonging to the petitioner and find out whether any encroachment is made on the thode

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W.P.(C) No.25594/2019 3

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puramboke. Needful shall be done within a period of two months. Needless to say that the petitioner shall be heard and a notice also should be issued to the additional fourth respondent. Based on the survey, if there is any encroachment, immediate action shall be taken by the Grama Panchayat to remove the same without further notice.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN

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JUDGE

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W.P.(C) No.25594/2019 4

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APPENDIX OF WP(C) 25594/2019

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.257/1985 OF S.R.O RAJAKUMARI DATED 22.2.1985.

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EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.582/1995 OF S.R.O.RAJAKUMARI DATED 10.03.1995.

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EXHIBIT P3 TRUE COPY OF THE SKETCH OF THE PROPERTY PREPARED AT THE TIME OF ASSIGNMENT OF THE LAND.

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EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 22.8.2019 OF RAJAKUMARI VILLAGE OFFICE IN THE NAME OF THE PETITIONER.

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EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19.08.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR RE-INSPECTION AND SURVEY OF THE PROPERTY DATED 05.09.2019.

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EXHIBIT P7 TRUE COPY OF THE ORDER NO.A2-1551/2019 DATED 06.09.2019 ISSUED BY THE 3RD RESPONDENT.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R3(A) TRUE COPY OF THE LETTER DATED 29.07.2019 ISSUED BY THE SUB COLLECTOR DEVIKULAM HAVING FILE NO. EDODVM/75/2019-B6 TO THE 3RD RESPONDENT.

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EXHIBIT R3(B) TRUE COPY OF THE LETTER NO. A2-1551/19 DATED 29.07.2019 ISSUED IN REPLY TO THE SUB COLLECTOR DEVIKULAM BY RESPONDENT NO.3.

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W.P.(C) No.25594/2019 5

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EXHIBIT R3(C) TRUE COPY OF THE LETTER NO. G25009/2019(1) DATED 07.08.2019 ISSUED BY TAHSILDAR (LR) UDUMBANCHOLA TO THE 3RD RESPONDENT.

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EXHIBIT R3(D) TRUE COPY OF THE NOTICE NO. A2-1551/2019 DATED 19.08.2019 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

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EXHIBIT R3(E)	TRUE COPY OF THE	REPLY LETTER SUBMITTED BY
	THE PETITIONER	ON 22.08.2019 TO THE
	RESPONDENT NO.3.

Raju v. the Taluk Surveyor

Case brief

What is this about?

What did the court decide?

Raju v. the Taluk Surveyor

Case brief

What is this about?

What did the court decide?

What the court decided

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