Ratnamma v. Government Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No.12253 of 2015 (F) PETITIONERS:

1.

RATNAMMA,W/O.AYYAPPAN,PALLIPARAMBIL HOUSE, KONOOR,NALUKETTU P.O., PIN-680308.

2.

SOPHY FRANCIS,W/O.FRANCIS,UKKEN HOUSE, KORATTY P.O.,SOUTH ANGADI,THRISSUR DISTRICT.

BY ADV. SRI.M.V.ANANDAN RESPONDENT'S:

1.

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

2.

SPECIAL DEPUTY COLLECTOR,NHDP, UNIT NO.2,THRISSUR,PIN-680003.

3.

DISTRICT COLLECTOR,CIVIL STATION,THRISSUR,PIN-680003. 4.

REVENUE DIVISIONAL OFFICER, OFFICE OF REVENUE DIVISIONAL OFFICER, THRISSUR,PIN-680003.

5.

SPECIAL TAHSILDAR,OFFICE OF THE SPECIAL TAHSILDAR (LA), NHDP,UNIT NO.2,THRISSUR,PIN-680003.

6.

TAHSILDAR,TALUK OFFICE,CHALAKUDY, IRINJALAKUDA,THRISSUR,PIN-680121.

7.

KORATTY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KORATTY P.O.,THRISSUR,PIN-680308.

8.

AUGUSTINE JOSE,PAYYAPPILLI HOUSE, MANGALASSERI,KORATTY SOUTH P.O, THRISSUR DISTRICT,IN-680306.

9.

K.K.PAUL (PAUL KOKKATT),KOKKATT HOUSE, KALLETTUMKARA,THRISSUR DISTRICT, PIN-680683.

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...2...

WP(C).No.12253 of 2015 (F) 10.

VILLAGE OFFICER,MURINGOOR THEKKUMMURI VILLAGE, THRISSUR DISTRICT,PIN-680309.

R1 TO R6 & R10 BY SENIOR GOVT. PLEADER SRI.JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.12253/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT/P1:TRUE COPY OF THE TAX RECEIPT OF THE SAID SHOP ROOMS FOR THE PERIOD 2012-2013 AND 2013-2014 DATED 14.1.2013. EXT.P2:TRUE COPY OF THE LAND TAX RECEIPT OF THE LAND IN WHICH THE SAID SHOP ROOM ARE SITUATED FOR THE YEAR 2015-2016 DATED 6.4.2015.

EXT.P3:TRUE COPY OF THE RECEIPT FOR THE PROPERTY TAX FOR THE PERIOD OF 2015-16 OF 2ND PETITIONER.

EXT.P4:TRUE COPY OF THE REPLY DATED 12.3.2014 OF DEPUTY TAHSILDAR. EXT.P4(a):TRUE COPY OF THE OFFICE COMMUNICATION DATED 2.11.2011 OF TALUK OFFICE,MUKUNDAPURAM.

EXT.P5:TRUE COPY OF THE REPRESENTATION DATED 6.4.2014 GIVEN BY THE PETITIONERS TO THE 6TH RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 12253 of 2015 ------------------------------------------- Dated this the 10th day of April, 2015

J U D G M E N T

The petitioners have approached this Court with the following prayers:

"a) Issue a writ in the nature of mandamus directing respondents 2, 3, 4 and 6 to take immediate action as per Ext.P4(a) proceedings and to remove the encroachment made by respondents 8 and 9 in the government puramboke land comprised in Sy.No.699/1 of Muringoor-Thekkummkuri village and demolish the buildings therein numbered as 782, and 799 within a time frame as fixed by this Hon'ble Court.

b) issue such other orders, writs or directions as are deemed fit by this Hon'ble court.

iii.

Award cost of this proceedings to the petitioners " 2.

Heard the learned Government Pleader as well. 3.

Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merit of the case. The writ petition is disposed of, directing the 6th respondent to consider and pass appropriate orders on Ext.P5, in accordance with law, after affording opportunity of hearing to the petitioners and respondents 7 to 9. It shall be done, at the earliest, at any

WP(c). No.12253 of 2015 rate, within 'two months' from the date of receipt of a copy of this judgment.

The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the 6th respondent for further steps.

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

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