← Library
High Court of KeralaWP(C)/17671/2015disposed of

Poonchola Lakshmy v. The Village Officer

2015-11-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WP(C).No. 17671 of 2015 (H) ---------------------------- PETITIONER(S):

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

1. POONCHOLA LAKSHMI, W/O.POONCHOLA SASIDHARAN, AGED 55 YEARS, POONCHOLA HOUSE, ARTS COLLEGE POST, KOZHIKODE -673 018.

2. SANDEEP, S/O.POONCHOLA SASIDHARAN,AGED 55 YEARS, POONCHOLA HOUSE,ARTS COLLEGE POST, KOZHIKODE -673 018.

BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE RESPONDENT(S):

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

1. THE VILLAGE OFFICER, NEDIYIRUPPU VILLAGE, KONDOTTY VILLAGE, KUNDOTTY P.O., MALAPPURAM DISTRICT, PIN- 673 638.

2. THE TALUK SURVEYOR, TALUK OFFICE, KONDOTTY, MALAPPURAM -673 638

3. THE SUB DIVISIONAL MAGISTRATE, TIRUR, PIN -676 101.

4. K.C SHEEBA, CHAIRPERSON, JANAKEEYA SAMITHI, N.H.COLONY, MUCHIKUNDU, POST ARIMBRA (VIA) KONDOTTY, MALAPPURAM -673 638

5. E.KUTTTAN CONVENOR, JANAKEEYA SAMITHI, N.H.COLONY, MUCHIKUNDU, POST ARIMBRA, (VIA) KONDOTTY, MALAPPURAM -673 638 R1 TO R3 BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN R4 & R5 BY ADV. SRI.K.RAKESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 17671 of 2015 (H) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COY OF THE PLAINT DATED 7.11.2014 IN OS NO.561 OF 2014 ON THE FILE OF THE MUNSIFF'S COURT, MANJERI P2TRUE COPY OF THE IA NO.3044 OF 2014 IN OS NO.561 OF 2014 ON THE FILE OF THE MUNSIFF'S COURT, MANJERI DATED 7.11.2014 P3TRUE COPY OF THE COMMISSION REPORT IN IA NO.3045 OF 2014 IN OS NO.561 OF 2014 ON THE FILE OF THE MUNSIFF'S COURT, MANJERI, DATED 12.11.2014 P4- TRUE COPY OF THE INJUNCTION ORDER IN IA NO.3044 OF 2014 IN OS NO.561 OF 2014 ON THE FILE OF THE MUNSIFF'S COURT, MANJERI, DATED 12.11.2014 P5TRUE COPY OF THE PETITION DATED NIL, SUBMITTED BY THE JANAKEEYA SAMITHI BEFORE THE DISTRICT COLLECTOR, MALAPPURAM P6TRUE COPY OF THE PROCEEDINGS DTED 20.1.2015 IN C.M.

P 3/2015 ON THE FILE OF THE SUB DIVISIONAL MAGISTRATE, TIRUR P7TRUE COPY OF HTE INTERIM ORDERS DATED 9.2.2015 AND 1.4.2015 P8TRUE COPY OF THE INTERIM ORDER DATED 29.5.2015 P9TRUE COPY OF THE LETTER DATED 4.5.2015 RECEIVED BY PETITIONER NO.1 ON 3.6.2015 P10TRUE COPY OF THE REPLY DATED 4.6.2015 P11TRUE COPY OF THE NOTICE DTED 1.6.2015 P12TRUE COPY OF TRUE COPY OF THE REPLY DATED 9.6.

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

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 17671 of 2015 ================== Dated this the 20th day of November, 2015

J U D G M E N T

The writ petition is filed challenging a notice issued by the Village Officer produced as Ext.P11.

2.

The Village Officer issued above notice on a series of complaint registered by the local people residing nearby N.H Colony. They complained that the obstruction has been made in the public convenience of the colony by the writ petitioner. The District Collector, Malappuram directed the Deputy Collector, LA Airport to conduct a site inspection and submit a report after a detailed enquiry. As part of the enquiry the petitioner has been served with Ext.P1 notice.

3.

It is to be noted that the Village Officer is acting on behalf of the higher authorities to determine the land assigned to inhabitance of the Colony. It appears that obstruction has been caused in public path way and drinking water sources. 4.

This Court is of the view that the petitioner shall

W.P.(C).No. 17671 of 2015 - : 2 :- co-operate with enquiry conducted by the Village Officer. The petitioner is also free to raise all objection before the Village Officer. The Village Officer shall place objection of the petitioner before the Deputy Collector. Thereafter the Deputy Collector shall take a decision after hearing the petitioner as well as the party respondent. It is made clear that any action can be initiated against the petitioner only after taking a final decision in the matter by the Deputy Collector. The petitioner submits that there is a civil suit pending in this matter. Necessarily, the Deputy Collector shall also advert to any order passed by the civil court. Needful shall be done within two months from the date of receipt of the copy of this judgment.

The writ petition is disposed of.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE