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