Kerala High Court
Kannamkulam Plantations vs State Of Kerala on 28 July, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY,THE 18TH DAY OF AUGUST 2014/27TH SRAVANA, 1936
WP(C).No. 21251 of 2013 (F)
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PETITIONER(S):
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KANNAMKULAM PLANTATIONS,
MULLOORAKAM BUILDINGS, NADAKKAL P.O, ERATTUPETTA (VIA)
REPRESENTED BY ITS MANAGING PARTNER, MR. M.D THOMAS.
BY ADVS.SRI.K.K.CHANDRAN PILLAI (SR.)
SRI.UNNIKRISHNAN.V.ALAPATT
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695001.
2. THE COMMISSIONER FOR LAND REVENUE,
PUBLIC OFFICE BUILDINGS, MUSEUM P.O,
THIRUVANANTHAPURAM 695001.
3. THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695001.
4. THE DISTRICT COLLECTOR,
CIVIL STATION, PAINAVU, IDUKKI 685603.
5. THE TASILDAR, PEERMADE TALUK, PEERMEDE P.O-685531.
6. THE VILLAGE OFFICER, VAGAMON VILLAGE, VAGAMON P.O- 685503.
7. K.N. SASIDHARAN, THASILDAR, PEERMEDE TALUK, PEERMED P.O- 685531.
8. P.D INDIRA, DEPUTY THASILDAR, PEERMEDE TALUK, PEERMEDE 685531.
9. M.H. SHAJI, VILLAGE OFFICER, VAGAMON VILLAGE, VAGAMON P.O-685503.
R1-6 BY SPECIAL GOVERNMENT PLEADER SMT.SUSHEELA R.BHAT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 21251 of 2013 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF THE LAWYER NOTICE DATED 28-07-2011
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 08-11-2012 OF THE 6TH
RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE REPLY DATED 17-11-2012 TO P2
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED 29-07-2013 IN WPC NO
16268/2013
EXHIBIT P5 A TRUE COPY OF THE STATEMENT DATED 03-08-2013, FILED BY THE
5TH RESPONDENT IN WPC NO 16268/2013
EXHIBIT P6 A ROUGH SKETCH SHOWING THE LOCATION AND LIE OF THE
PETITIONER'S PROPERTY AND THE PRIVATE ROAD
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 05-11-2012 IN I.A NO 1210/2012 IN
O.S NO 272/2012 OF THE SUB COURT KATTAPPANA
EXHIBIT P8 A TRUE COPY OF THE COMMISSION REPORT DATED 16-02-2013 IN O.S
NO 272/2012 OF THE SUB COURT KATTAPPANA
EXHIBIT P9 A TRUE COPY OF THE ORDER NO 665/2012 DATED 19-08-2013 BY THE
6TH RESPONDENT
EXHIBIT P10 A FEW PHOTOGRAPHS SHOWING THE SCENE
EXHIBIT P10(A) AFEW PICTURES DOWNLOADED FROM THE NEWS CHANNEL
EXHIBIT P11 A TRUE COPY OF THE LETTER NO C3-40110/2008 OF THE 4TH
RESPONDENT
EXHIBIT P12 TRUE COPY OF THE PHOTOGRAPHS
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
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WP(C).No.21251 of 2013-F.
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Dated this the 18th day of August, 2014.
J U D G M E N T
This writ petition is filed aggrieved by the action on the part of the respondents alleging removal of a gate put up by the petitioner across his property situated in Vagamon village. According to the petitioner, this property in which the gate was put up belongs to him and therefore the revenue authorities committed a serious dereliction of duty.
2. The learned Government Pleader, on instructions, submits that the gate was erected in a Government poramboke land and the petitioner has no right to put up a gate in a Government poramboke land.
3. I am of the view there is dispute regarding the identity of the property claimed by the petitioner. The petitioner claimed he has property in survey No.1209. In such circumstances, the 5th respondent Tahsildar, WP(C).No.21251/2013-F. 2 Peermedu Taluk, shall ascertain with the help of the Taluk Surveyor to identify the property with the available records. This shall be done in the presence of the petitioner and the petitioner can erect permanent structure of a gate after identifying the property by the Taluk Surveyor.
4. In order to safeguard the property of the petitioner, he shall be permitted to put up a temporary gate to protect his property. This shall be done after intimating respondents 5 and 6. The fifth respondent shall complete the process and to fix the boundary within a period of four months from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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