Kerala High Court
P.L Frixes vs District Collector on 26 July, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 26TH DAY OF JULY 2012/4TH SRAVANA 1934
WP(C).No. 16171 of 2012 (V)
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PETITIONERS:
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1. P.L FRIXES, AGED 70,
S/O. LEONS,
RESIDING AT SHOME SHINE APARTMENTS, THOPPIL,
THRIKKAKARA.P.O, PIN - 682 021.
2. JERIL, S/O. LATE ANTONY, AGED 43,
RESIDING AT NEDUNILATH VEETIL,
MARADU.P.O - 682 304.
BY ADV. SRI.A.B.JALEEL.
RESPONDENTS:
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1. DISTRICT COLLECTOR, IDUKKI DISTRICT,
PAINAVE, IDUKKI, PIN - 685 512.
2. THE REVENUE DIVISIONAL OFFICER,
DEVIKULAM, PIN -685 512.
3. THE VILLAGE OFFICER,
KUNJITHANNI VILLAGE, ANACHAL, IDUKKI - 685 565.
4. ST. MARY'S CHURCH,
MARY LANE, ANACHAL, IDUKKI,
CHITHIRAPURAM.P.O, PIN - 685 565,
REPRESENTED BY REV.FR. JOSE, THANNIPARA,
THE PARISH PRIEST.
R1 TO R3 BY SPL.GOVT. PLEADER (REVENUE) SMT. SUSHEELA .R.BHAT,
R4 BY ADVS. SRI.J.JULIAN XAVIER,
SRI.K.C.THOMAS (PALA).
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26-07-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).NO.16171/2012-V:
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT-P1- TRUE COPY OF THE SALE DEED NO. 357/12 OF SUB
REGISTRAR OFFICE, DEVIKULAM.
EXHIBIT-P2- TRUE COPY OF THE SKETCH SHOWING THE PROPERTY OF THE
PETITIONERS, THE ROAD AND THE PURAMBOKE LAND.
EXHIBIT-P3- TRUE COPY OF THE PHOTOGRAPH SHOWING THE PETITIONER'S
ROAD THE BOUNDAY SAND BANK AND THE PLOT FROM WHICH
THE 4TH RESPONDENT HAS REMOVED THE GRAVAL.
EXHIBIT-P4- TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT R.D.O.
RESPONDENTS' ANNEXURE:
ANNEXURE R2.A: COPY OF THE T.P. ACCOUNT NO.9/2579 OF KUNJITHANNY
VILLAGE OFFICE.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.16171 Of 2012
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DATED THIS THE 26th DAY OF JULY, 2012
JUDGMENT
The petitioners are purchasers of certain items of properties as per Exhibit P1. The 4th respondent is a Church. Mainly it is contended by the petitioners that there is a motorable road to the property owned by the petitioners, having a width of 8 feet and a length of 125 feet, which passes through the western side of the Church. Exhibit P2 is the sketch produced.
2. According to the petitioners, an application was filed before the Revenue Divisional Officer to restrain the 4th respondent from making any constructions, affecting the lie of the road.
3. This Court by interim order dated 11.7.12 directed the 2nd respondent to conduct a local inspection and to file a report before this Court and the parties were directed to maintain status quo also.
4. The learned Government Pleader has filed a statement on behalf of the 2nd respondent, producing Annexure R2(a), true copy of the 'Thandapper' account in survey No.9/2579 of the Kunjithanny Village Office. It is pointed out in the statement that the petitioners have some extent of land for the purpose of motorable road to the property owned by them, which is having a width of 8 feet and length W.P.(C)No.16171/12 -2- of 125 feet. This earthen road passes through the western side of the 4th respondent's patta land. Mainly it is pointed out that the 4th respondent's property is a patta land and therefore the constructions, if any, are not unauthorised.
5. The learned counsel for the 4th respondent also submitted that they are making constructions in the entire land owned by them alone and it is not a 'puramboke land' and the allegations otherwise made are not correct.
6. In that view of the matter, it is upto the Revenue Divisional Officer to take a decision in the matter, after hearing both sides. The interim order is therefore vacated. Appropriate decision will be taken, after hearing both sides, within a period of two months from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn