High Court of KeralaWP(C)/4322/2015disposed of

M.K Varghese v. District Collector

2015-02-11Honourable 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 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 4322 of 2015 (M) --------------------------------------- PETITIONER(S):

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1. M.K VARGHESE, AGED 57 YEARS S/O.M.V.KOCHAPPU, MENACHERY HOUSE, MANNUTHY THRISSUR-680651.

2. JOSE PALOKARAN, AGED 53 YEARS JOHNY, PALOKARAN HOUSE, ELANJIKULAM MANNUTHY, THRISSUR-680651.

3. A.S.MADHUSUDANAN, AGED 55 YEARS S/O.SANKUNNY, ADATTU HOUSE, MANNUTHY THRISSUR-680651.

BY ADVS.SRI.P.M.MANOJ SRI.S.RUSSEL SRI.V.R.ARUN RESPONDENT(S):

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1. DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, AYYANTHOLE THRISSUR-680003.

2. REVENUE DIVISIONAL OFFICER CIVIL STATION, AYYANTHOLE, THRISSUR-680003.

3. EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (PWD), ROADS DIVISION THRISSUR-680020.

4. SECRETARY CORPORATION OF THRISSUR, THRISSUR-680001.

5. SUB INSPECTOR OF POLICE MANNUTHY POLICE STATION, MANNUTHY, THRISSUR-680651. R1-3, 5 BY SENIOR GOVERNMENT PLEADER SRI.MUHAMMED SHAFI. M R4 BY SRI.K.P.VIJAYAN,SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4322 of 2015 (M) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1;

COPY OF THE SURVEY MAP OF BAZAR ROAD STARTING FROM MANNUTHY CENTER TO MUKKATTUKARA ROADS P2:

COPY OF THE SURVEY MAP OF BAZAR ROAD STARTING FROM MUKKATTUKARA ROAD TO FARM GATE P3:

COPY OF THE REPRESENTATION RESPONDENTS 1 TO 3 P4:

COPY OF THE POSTAL RECEIPTS.

RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 4322 of 2015 ------------------------------------------- Dated this the 11th day of February, 2015

J U D G M E N T

The petitioners have approached this Court with the following prayers:

"(a) Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to adapt the due procedure envisaged under the Land Conservancy Act 1957 to evacuate the encroachers as detected in Exhibit P1 & P2 within a time limit prescribed by this Hon'ble Court.

(b) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to consider and pass appropriate orders on Exhibit P3 representations within time limit prescribed by this Hon'ble Court." 2.

Heard the learned Government Pleader as well. 3.

Considering the limited extent of relief sough for, this Court does not find it necessary to adjudicate the issue on merits. 4.

After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P3 preferred by the petitioners, after affording an opportunity of hearing to the petitioners and other interested parties, if any. It shall be done, at expeditiously as

WP(c). No.4322 of 2015 possible, at any rate, within two months from the date of receipt of a copy of this judgment.

The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.