IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SREEKUMAR S – Appellant
Versus
THE DISTRICT COLLECTOR, ALAPPUZHA – Respondent
WP(C) NO. 36625 OF 2024
| Table of Content |
|---|
| 1. claim of trespass into puramboke land (Para 1) |
| 2. response regarding the nature of the 6th respondent's actions (Para 2) |
| 3. authority on handling representations concerning encroachments (Para 3) |
| 4. directive for action to be taken by competent authority (Para 4) |
JUDGMENT The petitioner would allege that the 6th respondent has trespassed into the puramboke land and has made a construction therein, which is sought to be removed, vide Ext.P5 representation, preferred before the 4th respondent/Village Officer.
2. Learned Government Pleader on behalf of respondents 1 to 4 would submit that there is no construction, whatsoever, made by the 6th respondent. He only brought a mobile petty shop fitted with wheels for conducting a tea shop, which can be removed at any point of time. The same was endorsed by the learned counsel for the 5th respondent/Secretary of the Panchayath concerned.
3. This Court notice that Ext.P5 representation seeks to remove the alleged encroachment, for which the 4th respondent/Village Officer is not competent. The learned Government Pleader would submit that the Tahsildar (L.R.)
concerned is the competent Authority.
4. In the circumstances, the petitioner is given option to prefer a representation before the Tahsildar (L.R.) concerned; and such representation, if any received, will be considered by the Tahsildar (L.R.) in accordance with law, after giving an opportunity of being heard to the all the affected parties. A decision on such representation, if any filed, will be taken expeditiously.
This Writ Petition will stand disposed of as indicated above.
Sd/-
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