Kerala High Court
D.Karunakaran Nair vs State Of Kerala on 30 September, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 13959 OF 2021
PETITIONERS:
1 D.KARUNAKARAN NAIR
AGED 65 YEARS
SREE VISHAKHOM, T.C. 48/936/2, ATRA-D20, THOTTAM,
AMBALATHARA, POONTHURA P.O, THIRUVANANTHAPURAM -
695026.
2 ANILKUMAR G.T
AGED 49 YEARS
T.C. 48/938, ATRA - D20, THOTTAM, AMBALATHARA,
POONTHURA P.O, THIRUVANANTHAPURAM - 695026.
BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI
R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY REVENUE,
DEPARTMENT OF REVENUE, ROOM NO. 201A FIRST FLOOR -
MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM -
695001.
2 DISTRICT COLLECTOR
THIRUVANANTHAPURAM, SECOND FLOOR -COLLECTORATE,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043.
3 REVENUE DIVISIONAL OFFICER
THIRUVANANTHAPURAM, FIRST FLOOR - COLLECTORATE,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043.
4 VILLAGE OFFICER
MANACAUD VILLAGE, THIRUVANANTHAPURAM - 695003.
5 ASSISTANT COMMISSIONER OF POLICE,
FORT POLICE STATION, THIRUVANANTHAPURAM - 695023.
WP(C) NO. 13959 OF 2021 2
6 NISAMUDEEN
T.C. 67/920, CHAVADIVILAKATHU VEEDU, OPPO.MILMA
DIARY, AMBALATHARA, POONTHURA P.O,
THIRUVANANTHAPURAM - 695026.
BY ADVS.
G.SUDHEER
R.HARIKRISHNAN (H-308)
SMT. K AMMININKUTTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 13959 OF 2021 3
JUDGMENT
The allegation of the petitioners is that the 6th respondent is trespassing into Government Land.
2. When this matter was considered on 19.07.2021, the following order had been issued by a learned Judge of this Court:
Sri.Arun, the learned counsel appearing for the petitioners submitted that the 6th respondent, who is having registered land adjoining the Government land in Manacaud Village, has trespassed into the Government land and is putting up constructions. According to the learned counsel, this fact was brought to the notice of the concerned authorities as is evident from Exhibits P8 and P9. Referring to Section 7 of the Kerala Land Conservancy Act, the learned counsel submits that as and when the information is received as to the encroachment of the Government land, the concerned authority is expected to take effective and necessary action, failing which penal action is contemplated. Prima facie, I find that there is considerable merit in the submissions advanced. There will be a direction to the 2nd respondent to expeditiously take up Exhibit-P4, conduct due enquiry and ascertain as to whether the 6th respondent has trespassed into Government land and has been putting up constructions. Needless to mention, if the allegations are found to be correct, appropriate action shall be initiated by invoking the provisions of the Kerala Land Conservancy Act and the Rules framed thereunder. The entire exercise shall be completed within a period of three weeks. WP(C) NO. 13959 OF 2021 4
3. Today, when this matter was called, Smt.K.Amminikutty - learned Senior Government Pleader, submitted that in terms of the afore directions, survey of the property has already begun and that the competent Authority will complete it, resulting in appropriate orders and necessary action thereon without any further delay.
4. Shri.G.Sudheer, learned counsel appearing for the 6th respondent, however, submitted that his client is holding properties in Survey No.8/63 of Block J, of Manacaud Village, by virtue of Ext.R6(a) document and that he has been paying land tax with respect to the same, as is evident from Ext.R6(b); while the Thandaper Register and the Basic Tax Register would demonstrate this unequivocally. He then added that if this Court is only directing survey of the property, adverting to his client's title deeds also, then he would not stand in the way of such process being completed.WP(C) NO. 13959 OF 2021 5
5. Taking note of the afore submissions and since the learned Senior Government Pleader affirms that survey with respect to the property has already been initiated, I am of the view that this writ petition deserves to be allowed.
Resultantly, I allow this writ petition and direct the competent Authority to ensure that the process of survey with respect to the property is completed, adverting to the title documents and other ownership and possession documents maintained by the 6th respondent; thus culminating in an appropriate order and necessary action, within a period of four months from the date of receipt of a copy of this judgment.
Needless to say, once the survey is completed and if it is found that any person, including the 6th respondent, is in possession of Government land, then necessary action against them under the applicable Statutes and Regulations will be taken forward and completed by the competent Authorities without any avoidable delay but not WP(C) NO. 13959 OF 2021 6 later than six months thereafter.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/30.9 WP(C) NO. 13959 OF 2021 7 APPENDIX OF WP(C) 13959/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BTR PERTAINING TO THE PROPERTY COMPRISED IN RE.SY.NO. 8/84 OF BLOCK NO. C43W15J01 OF MANACAUD VILLAGE.
Exhibit P2 THE TRUE COPY OF THE RE.SURVEY PLAN PERTAINING TO THE PROPERTY COMPRISED IN RE.SY.NO. 8/84 OF BLOCK NO. C43W15J01 OF MANACAUD VILLAGE.
Exhibit P3 THE TRUE COLOUR PHOTOGRAPHS OF THE BUILDING BEING CONSTRUCTED BY THE 6TH RESPONDENT IN THE AFORESAID GOVERNMENT LAND.
Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM ON 01.07.2021.
Exhibit P5 THE E-RECEIPT EVIDENCING ISSUANCE OF EXT.P4 MADE TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM THOUGH EMAIL. Exhibit P6 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM ON 01.07.2021 THROUGH EMAIL. Exhibit P7 THE E-RECEIPT EVIDENCING ISSUANCE OF EXT.P6 MADE TO THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. Exhibit P8 THE TRUE COPY OF THE COMPLAINT DATED 02.07.2021 FILED BY THE PETITIONERS BEFORE THE ASSISTANT COMMISSIONER OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM.
Exhibit P9 THE TRUE COPY OF THE PETITION ACKNOWLEDGEMENT RECEIPT 02.07.2021 ISSUED BY THE OFFICE OF THE ASSISTANT WP(C) NO. 13959 OF 2021 8 COMMISSIONER, FORT, ATTAKULANGARA. REPONDENTS EXHIBITS EXHIBIT R6(A) TRUE COPY OF THE WILL NO.19/2011 EXECUTED BY THE 6TH RESPONDENT'S MOTHER DATED 29.7.2011.
EXHIBIT R6(B) TRUE COPY OF THE TAX RECEIPT DATED 18.6.2021 ISSUED FROM THE VILLAGE OFFICR, MANACAUD EXHIBIT R6(C) TRUE COPY OF THE RELEVANT PAGES OF THANDAPPER REGISTER OF MANACAUD VILLAGE OFFICE.
EXHIBIT R6(D) TRUE COPY OF THE RELEVANT PAGES OF BASIC TAX REGISTER OF MANACAUD VILLAGE OFFICE EXHIBIT R6(E) TRUE COPY OF THW WRITTEN APPLICATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE TAHSILDAR, THIRUVANANTHAPURAM DATED 18.6.2020.
EXHIBIT R6(F) TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER WITH NO.430/2020 DATED 18.6.2020.
EXHIBIT R6(G) TRUE COPY OF THE REPORT NO.H5/16170/20 DATED 11.12.2020 ISSUED BY THE TALUK SURVEYOR EXHIBIT R6(H) TRUE COPY OF LETTER NO.H5/16170/2020 DATED 22.12.2020 FORWARDING THE SKETCH PREPARED BY TALUK SURVEYOR TO THE 6TH RESPONDENT.
EXHIBIT R6(I) TRUE COPY OF THE BUILDING PERMIT WITH NO.F83/BA/219/19 DATED 30.3.2021 TO THE 6TH RESPONDENT.