High Court of KeralaWP(C)/7958/2014disposed of

Dinesh Kumar.M.D v. State Of Kerala

2015-06-22Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 WP(C).No. 7958 of 2014 (T) --------------------------- PETITIONER(S):

-------------------------- DINESH KUMAR.M.D.AGED 43 YEARS, S/O.M.N.DAMODARAN PILLAI, MELEPPURATHU, KOTTOOR P.O. KAVIYOOR, THIRUVALLA, PATHANAMTHITTA.

BY ADVS.SRI.P.HARIDAS SMT.S.SIKKY SRI.P.C.SHIJIN RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. DIRECTOR GENERAL OF POLICE DEPARTMENT OF VIGILANCE AND ANTI CORRUPTION THIRUVANANTHAPURAM-695001.

3. DISTRICT COLLECTOR PATHANAMTHITTA-689645.

4. DEPUTY DIRECTOR OF PANCHAYATH PATHANAMTHITTA-689645.

5. REVENUE DIVISIONAL OFFICER THIRUVALLA, PATHANAMTHITTA-689101.

6. TAHSILDAR THIRUVALLA, PATHANAMTHITTA-689101.

7. MALLAPPALLY BLOCK PANCHAYATH MALLAPPALLY PATHANAMTHITTA REPRESENTED BY ITS SECRETARY MALLAPPALLY PATHANAMTHITTA-689501.

8. KAVIYOOR GRAMA PANCHAYATH KAVIYOOR GRAMA PANCHAYATH, KAVIYOOR PATHANAMTHITTA-689585.

(contd..........2)

9. KAVIYOOR GRAMA PANCHAYATH COMMITTEE KAVIYOOR THIRUVALLA REPRESENTED BY ITS PRESIDENT KAVIYOOR GRAMA PANCHAYATH, KAVIYOOR PATHANAMTHITTA-689585.

10. VILLAGE OFFICER KAVIYOOR, PATHANAMTHITTA-689585.

11. T.K.SAJEEV S/O.M.K.KRISHNAKURUP, THULASEEBHAVANAM, NJALBHAGOM KAVIYOOR P.O. THIRUVALLA PIN-689585 (NOW PANCHAYATH PRESIDENT KAVIYOOR GRAMA PANCHAYATH).

12. RACHELAMMA GEORGE W/O.A.G.GEORGE, AALUNILKKUNNATHIL, THELLIYOOR MURIYIL MALLAPPALLY TALUK, PATHANAMTHITTA-689501.

R8 & 9 BY ADV. SRI.VARGHESE M.EASOW,SC,KAVIYOOR GRAMA PANCHAYATH R1 TO R6 BY ADV. GOVERNMENT PLEADER SRI.S.JAMMAL R12 BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7958 of 2014 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE PHOTOGRAPH SHOWING THE ROAD DEVELOPED BY THE BLOCK PANCHAYATH.

EXHIBIT P2 : TRUE COPY OF THE RESOLUTION OF THE KAVIYOOR GRAMA PANCHAYATH COMMITTEE DT.18-11-2013.

EXHIBIT P3 : TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ENCROACHMENT, CONSTRUCTION AND BEAUTIFICATION OF RECREATIONAL PARK.

EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION BEFORE DISTRICT COLLECTOR, PATHANAMTHITTA DT.2-9-2013.

EXHIBIT P5 : TRUE COPY OF THE REPORT WITH PLAN APPENDED OF THE VILLAGE OFFICER, KAVIYOOR DT.11-9-2013.

EXHIBIT P6 : TRUE COPY OF THE LETTER OF THE RDO, THIRUVALLA DT. 7-10-2013.

EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION BEFORE DEPUTY DIRECTOR OF GRAMA PANCHAYATH, DT.29-1-2014.

EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION BEFORE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU DT.10-2-2014. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //TRUE COPY// PA TO JUDGE

K.VINOD CHANDRAN, J.

--------------------------------------- W.P.(C).No.7958 of 2014 ---------------------------------------- Dated this the 22nd day of June, 2015

JUDGMENT

The petitioner was before this Court alleging encroachment by the 12th respondent on Government properties by the 8th respondent/Kaviyoor Grama Panchayath as well as the 12th respondent.

2. The petitioner seeks disposal of the compliant as per Ext.P4, filed before the District Collector, which the petitioner contends if disposed off in consonance with Exts.P5 and P6, the encroachment will have to be removed.

3. The Panchayath, however, contends that the land, which is alleged to have been encroached is vested in the Panchayath and they have raised a dispute, with the District Collector by R8(i) on the strength of R8(h) resolution. The Panchayath seeks the resolution of the dispute by the 3rd respondent. The 12th respondent also does not have any difficulty on the consideration by the District Collector.

W.P.(C).No.7958 of 2014

4. In such circumstances, the District Collector shall issue notice to all affected parties including the petitioner, 8th respondent Panchayath and also the 12th respondent and consider the matter in accordance with law, at any rate within two months from the date of receipt of the certified copy of the judgment. The writ petition is disposed of.

K.VINOD CHANDRAN JUDGE AD