High Court of KeralaWP(C)/713/2015disposed of

Joy Sebastian v. Arakuzha Grama Panchayath

2015-02-04Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WP(C).No. 713 of 2015 (L) -------------------------- PETITIONER :

----------------------- JOY SEBASTIAN, S/O. DEVASSY, AGED 59 YEARS, RESIDING AT KAPYARU MALAYIL, ARAKUZHA VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM.

BY ADV. SRI.P.M.SEBASTIAN RESPONDENT(S):

----------------------------

1. ARAKUZHA GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, ARAKUZHA P.O., MUVATTUPUZHA - 686 661.

2. THE TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA, PIN-686 661.

3. THE DISTRICT COLLECTOR, ERNAKULAM (DT), KAKKANAD, ERNAKULAM - 682 030.

4. TALUK SURVEYOR, MUVATTPUZHA TALUK, MUVATTUPUZHA -686 661.

R1 BY ADVS. SRI.REJI GEORGE SRI.GOPAKUMAR G. (ALUVA) R2 TO R4 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 713 of 2015 (L) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30/01/2014.

EXHIBIT-P2TRUE COPY OF THE PETITION DATED 12/02/2014 SUBMITTED BEFORE THE IST RESPONDENT EXHIBIT-P3TRUE COPY OF THE PETITION DATED 28/03/2014 FILED BEFORE THE 3RD RESPONDENT.

EXHIBIT-P4TRUE COPY OF THE LEETTER ISSUED TO THE PETITION BY THE IST RESPONDENT DATED 06/08/2014.

EXHIBIT-P5TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 29/09/2014.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 713 of 2015 -------------------------------------------- Dated this the 4th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"a. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st and 2nd respondents to take immediate steps pursuant to Ext.P2, Ext.P1 petitions.

b. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st and 2nd respondents to measure and identify the Purampoke land, public tank and canal situated in Sy.No.81/3A in Arakuzha Village.

c. To issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to evict the encroachers of the purampoke land in accordance with the rules."

2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent and the learned Government Pleader for the other respondents.

3. The learned counsel for the petitioner submits that, the dispute with regard to the lie and nature of the property concerned could be caused to be finalized by directing the 2nd

W.P.C. No. 713 of 2015 -2respondent to consider Ext.P1 and finalize the same with notice to all concerned.

4. The learned Standing Counsel for the Panchayath points out that, considering the nature of dispute involved, the Panchayath has already passed resolution on 27.5.2014 to request the 2nd respondent to cause measurement of the property and to fix the boundaries for pursuing further steps.

5. In the above circumstance, this writ petition is disposed of, directing the 2nd respondent to finalize the proceedings forming subject matter of Ext.P1, with notice to the petitioner, 1st respondent and also other interested parties, if any, which shall be done at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before second respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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