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2019 Supreme(Online)(KER) 50361

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

WEDNESDAY, THE 03RD DAY OF JULY 2019 / 12TH ASHADHA, 1941

WP(C).No.5786 of 2013

PETITIONER/S:

P.VANAJAKSHY

AGED 68 YEARS

W/O.NARAYANAN, CHERUKANJIRAMVILA VEEDU, VELLIMON

P.O., KERALAPURAM, PERINAD VILLAGE, KOLLAM TALUK,

KOLLAM DISTRICT.

BY ADVS.

SRI.R.SURAJ KUMAR

SRI.M.KISHORKUMAR

SRI.SAJITH C.GEORGE

SRI.SUNIL J.CHAKKALACKAL

SRI.V.K.UNNIKRISHNAN (KOLLAM)

RESPONDENT/S:

1

STATE OF KERALA

REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF

KERALA, GOVERNMENT SECRETARIATE,

THIRUVANANTHAPURAM-695001.

2

THE PRINCIPAL SECRETARY

DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIATE,

THIRUVANANTHAPURAM, PIN 695001.

3

THE DISTRICT COLLECTOR

KOLLAM-691001.

4

PERINAD GRAMA PANCHAYATH

REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,

PERINAD VILLAGE, KOLLAM DISTRICT-691601.

5

THE CIRCLE INSPECTOR OF POLICE

KUNDARA, KOLLAM DISTRICT-691501.

6

SATHYA DEVAN

SHAIJU BHAVAN, KERALAPURAMCHERY, PERINAD VILLAGE,

KOLLAM TALUK, KOLLAM DISTRICT-691601.

Wpc

7

5786/2013

SAJI

S/O.SATHYA DEVAN, SHAIJU BHAVAN, KERALAPURAMCHERY,

PERINAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT-

691601.

8

SAIJU

S/O.SATHYA DEVAN, SHAIJU BHAVAN, KERALAPURAMCHERY,

PERINAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT-

691601.

BY ADV. SRI.S.SUDHEESHKAR

A C VIDHYA GP

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

03.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

wpc 5786/2013

The petitioner approached this Court alleging that no action was

taken by the revenue officials to remove the enchroachments by

respondents 6 to 8. The petitioner had approached the Chief Secretary

to Government and other government officials. However, she has not

moved the Tahsildar or the District Collector of competent jurisdiction. If

the petitioner moves the District Collector or any other officers

authorised by him, appropriate decision shall be taken in the matter and

if the Collector is of the view that the land is vested with the Panchayat,

necessary direction shall be issued to the Panchayat to initiate action to

remove the alleged enchroachments after issuing notice to the petitioner

and respondents 6 to 8. Steps as above shall be taken within three

months.

The writ petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

ms

Wpc 5786/2013

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE TAX RECEIPT DATED

14.01.2013.

EXHIBIT P2

TRUE COPY OF THE REPRESENTATION DATED

24.12.2012 ISSUED TO 1ST RESPONDENT.

EXHIBIT P3

TRUE COPY OF THE REPRESENTATION DATED

24.12.2012 ISSUED TO 2ND RESPONDENT.

EXHIBIT P4

TRUE COPY OF THE REPRESENTATION DATED

24.12.2012 ISSUED TO 4TH RESPONDENT.

EXHIBIT P5

TRUE COPY OF THE REPRESENTATION DATED

24.12.2012 ISSUED TO 5TH RESPONDENT.

RESPONDENTS' EXTS:

NIL

\\TRUE COPY//

PS TO JUDGE

ms

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