High Court of KeralaWP(C)/36522/2005disposed of

J.Ramakrishnan v. The Addl.Dist.Magistrare, Alappuzha

2015-09-02Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 WP(C).No. 36522 of 2005 (W) ---------------------------- PETITIONER :

---------------------- J.RAMAKRISHNAN UNNITHAN, MANGALATH HOUSE, ULLARAKKOOL, P.O.NOORANAD-690 504, GENERAL CONVENOR, SIVA SENA, ALAPPUZHA DISTRICT.

RESPONDENT(S):

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

1. THE ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA.

2. THE DISTRICT COLLECTOR, ALAPPUZHA.

3. INDIAN OIL CORPORATION, REPRESENTED BY ITS ASSISTANT DIVISIONAL MANAGER, ERNAKULAM.

4. MRS.JESSY MOL, SHEEBA MANZIL, THAMARAKKULAM P.O., ALAPPUZHA DISTRICT.

R1 & R2 BY SR GOVERNMENT PLEADER SRI.K.K.SAIDALAVI R3 BY ADVS. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.36522/2005 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE REPRESENTATION DATED 24/11/2005 FIL ED BY THE PRESIDENT, MAVELIKARA THAMARAKKULAM GRAMA PANCHAYAT BEFORE THE 2ND RESPONDENT P2 COPY OF THE REPRESENTATION SUBMITTED BY THE AREA SECRETARY BEFORE THE RESPONDENT ON 1/12/2005 REFERRED TO IN THE WP(C). P3 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT WITH COPY TO THE 1ST RESPONDENT RESPONDENT'S EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 36522 of 2005 -------------------------------------------------- Dated this the 2nd day of September, 2015

J U D G M E N T

The petitioner has preferred this writ petition against the granting of NOC in favour of the 4th respondent by respondents 1 to 3 for installing a petrol outlet, encroaching upon a temple property as well as a government 'purambokku'. The petitioner alleges that he as well as the people of the locality has brought this fact to the notice of respondents 1 to 3 as evidenced by Exts.P1 to P3. According to the petitioner, without taking any action against the 4th respondent, hasty steps are being taken for granting No Objection Certificate.

The learned Standing Counsel for the 3rd respondent submitted that the matter is purely a civil dispute and nobody has approached a competent civil forum. 3.

However, the learned counsel for the petitioner as well as the learned senior Government Pleader submitted that as the petitioner has an allegation that the 3rd respondent is

W.P.(C) No. 36522 of 2005 ..2..

intending to install the petrol outlet encroaching upon a portion of the government land also, the issue is absolutely within the competence of the 2nd respondent to enquire whether any such encroachment has been made by the 4th respondent.

The learned counsel for the petitioner would submit that Ext.P3 representation is pending before the 2nd respondent.

Therefore, the writ petition is disposed of directing the 2nd respondent to consider the issue regarding the alleged encroachment on government land after affording the petitioner and respondents 3 & 4 an opportunity of being heard within a period of two months from the date of receipt of a copy of this judgment. It shall be open to the parties to approach a competent civil forum regarding the issue in respect of the property of the temple. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-