Writ petition against Land Conservancy Act encroachment notices alleging compound wall encroached puramboke land abutting NH-47. Court set aside the notices and directed the Tahsildar to reconsider the petitioners' explanations after survey measurement and hearing, within three months; status quo order continues till fresh decision.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 696 OF 2015
PETITIONER/S:
1 MUHAMMED NAJIM, S/O. SHIHABUDEEN, AGED 19 NAJIMS, THONNAKKAL P.O., MANGALAPURAM, VEILOOR VILLAGE, THIRUVANANTHAPURAM.2 NABEESATH, W/O.NAZAR, E.K.NIVAS, MANGALAPURAM P.O., VEILOOR VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.LIJU. M.P A.SABEERRESPONDENT/S:
1 THE VILLAGE OFFICER, VEILOOR VILLAGE, THIRUVANANTHAPURAM.695 5012 TAHSILDAR THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM.695 0013 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, THIRUVANANTHAPURAM.695 0014 THE MANAGALAPURAM GRAMA PANCHAYAT MANGALAPURAM, REPRESENTED BY ITS SECRETARY.695 5075 THE ASSISTANT EXECUTIVE ENGINEER OFFICE OF ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, THIRUVANANTHAPURAM.695 001 SMT. RESHMI THOMAS, GPTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 696 OF 2015 2
JUDGMENT
Petitioners have approached this Court, challenging Exts.P5 and P6 notices issued to them under the provisions of the Land Conservancy Act and the Rules made thereunder, alleging that the compound wall constructed by the petitioners , after obtaining permission from the local Panchayat (through Ext.P2) actually encroaches upon the puramboke land, abutting the old National Highway-47 (N.H.47).
WP(C) NO. 696 OF 2015 3
In the light of the above, the writ petition will stand disposed of, directing the 2nd respondent to reconsider the matter, taking into consideration Exts.P3 and P4 explanations submitted by the petitioners, and after having the property measured out through the competent survey authorities, with notice to the petitioners for the purpose of identifying whether the petitioners had actually encroached into the puramboke land. Thereafter, the matter shall be adjudicated, as directed above, within a period of three months from the date of receipt
WP(C) NO. 696 OF 2015 4
of a certified copy of this judgment. In order to enable reconsideration of the matter, Exts.P5 and P6 notices will stand set aside. The interim order of status quo granted by this Court on 08.01.2015 will continue to operate till a fresh decision is taken by the 2nd respondent, as directed above.
Sd/-
GOPINATH P.
JUDGE
ajt
WP(C) NO. 696 OF 2015 5
APPENDIX OF WP(C) 696/2015
PETITIONER EXHIBITS
EXT.P1: TRUE COPY OF THE LETTER DATED 06/11/2013
RECEIVED BY THE 3RD RESPONDENT.
EXT.P2: TRUE COPY OF THE BUILDING PERMIT DATED
01/03/2007 ISSUED TO THE 1ST PETITIONER.
EXT.P3: TRUE COPY OF THE REPLY DATED 12/11/2014
ISSUED BY THE 1ST PETITIONER TO 2ND
RESPONDENT.
EXT.P4: TRUE COPY OF THE REPLY DATED 12/11/2014
ISSUED BY THE 2ND PETITIONER TO 2ND
RESPONDENT.
EXT.P5: TRUE COPY OF THE NOTICE DATED 17/12/2014
ISSUED TO THE 1ST PETITIONER.
EXT.P6: TRUE COPY OF THE NOTICE DATED 17/12/2014
ISSUED TO THE 2ND PETITIONER IN THE NAME OF
HER HUSBAND.
EXT.P7: TRUE COPY OF THE LETTER NO. TD2-1236/2013
DATED 29/11/2013 ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER
2 issues framed by the court
Whether Exts.P5 and P6 encroachment notices were validly issued without considering the petitioners' explanations and without measurement of the property.
Whether a direction to reconsider with survey measurement and hearing should be issued.
1 provisions across 1 enactments
MUHAMMED NAJIM
NABEESATH
THE VILLAGE OFFICER, VEILOOR VILLAGE
TAHSILDAR THIRUVANANTHAPURAM TALUK
THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
THE MANGALAPURAM GRAMA PANCHAYAT
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court