Kerala High Court
K.T.Cheshire vs State Of Kerala on 29 March, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.22332 OF 2019(S)
PETITIONER:
K.T.CHESHIRE
AGED 44 YEARS, S/O.TARZEN,
RESIDING AT KADAVIL HOUSE, MUTTATHU LANE,
KADAVANTHARA P.O., COCHIN 682 020.
BY ADVS.
SRI.SAJI VARGHESE KAKKATTUMATTATHIL
SRI.VINAY KUMAR VARMA
SHRI.BIJOLSE JOHNKUTTY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO IRRIGATION
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE CIVIL STATION, KAKKANAD 682 030.
3 THE TAHSILDAR (LAND RECORDS)
KANAYANNOOR TALUK, ERNAKULAM DISTRICT.
(THE TAHSILDAR,KANAYANNOOR TALUK,
TALUK OFFICE, ERNAKULAM, KOCHI 682 016 IS
CHANGED TO THE TAHSILDAR (LAND RECORDS)
KANAYANNOOR TALUK, ERNAKULAM DISTRICT.
AS PER ORDER DATED 21/01/2021 IN WPC)
4 THE VILLAGE OFFICER,
ELAMKULAM VILLAGE, ERNAKULAM COCHIN 682 020.
W.P.(C).22332/2019
2
5 THE CORPORATION OF KOCHI,
CORPORATION OFFICE, KOCHI REPRESENTED BY ITS
SECRETARY KOCHI 682011.
6 KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
REPRESENTED BY ITS CHAIRMAN.
Addl. 7 SUPERINTENDENT OF SURVEY,
DEPARTMENT OF SURVEY- ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD, PIN-682 030.
Addl. 8 THE EXECUTIVE ENGINEER,
IRRIGATION DEPARTMENT, ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD, PIN-682 030
ADDL. R7 AND R8 ARE IMPLEADED AS PER ORDER
DATED 05/09/2019 IN IA NO.1/2019 IN WPC.
Addl. 9 KALAMASSERY MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
CHANGAMPUZHA NAGAR,ERNAKULAM,PIN-682033.
[ADDL. R9 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 21/01/2021 IN WPC
R1-4, R7-8 BY SR. GOVERNMENT PLEADER
SRI.ARAVINDA KUMAR BABU T.K.
R6 BY ADV. SRI.M.P.PRAKASH, STANDING COUNSEL
R9 BY ADV. SRI.M.K.ABOOBACKER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).22332/2019
3
JUDGMENT
Dated this the 29th day of March, 2021 S. Manikumar, CJ.
Pursuant to our directions, District Collector, Ernakulam/ respondent No.2 has withdrawn the surveyors deputed for election purposes. Relevant paragraphs of the affidavit explaining the number of surveyors deputed, work undertaken, redeployment are as follows:
"4. It is submitted that the measurement and demarcation process of Edappally thodu has already been conducted and survey sketch has already been handed over to the Kalamassery Municipality authorities for removal of the encroachment, since the said thodu is statutorily vested with the Kalamassery. Municipality.
5. With respect to Kochappilly thodu, it is submitted that the Tahsildar (LR), Kanayannur constituted a Survey Team for survey work of Kochappilly thodu in Elamkulam Village with the (co-operation of Irrigation Department, District Survey Superintendent and Cochin Corporation.
6. It is submitted that as per order dated 21.01.2021, this Hon'ble Court directed this deponent to ensure continuous work without interruption, in whatsoever nature, with respect to survey and demarcation of Kochappilly thodu. It is submitted that the copy of the said order was received in the office of this deponent on 30.01.2021. Thereafter this deponent took necessary action in terms of W.P.(C).22332/2019 4 the direction of this Hon'ble Court and strict directions were given to Tahsildar (LR), Kanayannur to take action from their side to complete the survey works at the earliest. It was reported that, to speed up the survey work, 8 Surveyors were deployed, a team consisting of 1 Head Surveyor and 7 First Grade Surveyors.
7. Meanwhile election to Kerala Legislative Assembly was notified and different Returning Officers were appointed for smooth conduct of election. The Deputy Director of Survey, one of the Returning Officer without noticing the Order dated 21.01.2021 of this Hon'ble Court posted his staff for smooth conduct of election. The 3 out of 8 surveyors deputed for the conduct of survey of Kochappilly thodu were inadvertently included in the list of officers deputed for election process. Thereupon, after noticing the mistake that had crept in, the 3 officers deputed were pulled back to Kanayannur Taluk and re-inducted to survey process in order to speed up the survey process in deference to the Order of this Hon'ble Court.
8. It is submitted that the Special Survey Team constituted submitted an interim report and survey sketch on 23.03.2021. As per the survey report land comprised in Sy.No.803 in Elamkulam village having an extent of 7.1023 Hectors. Since Sy.No.803 does not have plotting data for fixing the boundary of this survey number, the boundaries of all adjacent survey numbers have to be refixed. These includes Sy.Nos.779, 780, 781, 783, 784, 785, 786, 790, 791, 792, 794, 795, 796, 801, 802, 804, 805, 806, 809, 810, 811, 812, 813, 814, 815, 638, 647, 649, 650, 651, 653, 654, 655, 656 & 657. The Survey Team has also reported that field inspection in Sy.Nos.802, 804, 805, 806, 809, 810, 811, W.P.(C).22332/2019 5 1076 & 1068 has been completed. Moreover there are huge buildings and construction in the land included in the above mentioned survey numbers. So boundary fixation using chain survey method is time consuming and difficult. In order to make sure of the continuity of a work, a direction has been given from this office on 23.03.2021 vide letter No:
LT-1288/2021 for providing additional live surveyors and two Total Station Machines for speeding up survey.
9. It is submitted that this deponent has not committed any willful laches or disobedience to the orders of this Hon'ble Court and within the power and authority this deponent acted promptly to maintain majesty of this Hon'ble Court. It is respectfully reiterated that the deputation of 3 surveyors for election duty occurred due to an inadvertent oversight on the part of Returning Officer and the same may kindly be condoned. This deponent express the remorse for the inconvenience caused to this Hon'ble Court. In the above circumstances this affidavit may kindly be accepted and this Hon'ble Court may pass appropriate orders in the interest of justice"
2. Apart from the above, learned Senior Government Pleader Mr. Aravindakumar Babu submitted that within 15 days from today, entire survey will be over and thereafter, the details will be furnished to the Kalamassery Municipality and Cochin Corporation, vested with powers for removal of encroachments.
3. Mr. Saji Varghese Kakkattumattathil, learned counsel appearing for petitioner submitted that the District Collector, W.P.(C).22332/2019 6 Ernakulam/respondent No.2 may be directed to monitor the removal of encroachments identified.
4. Heard learned counsel for the parties and perused the material on record. Affidavit filed by the District Collector, Ernakulam/respondent No.2, is taken on record.
5. Having regard to the submission that survey as directed will be completed within 15 days from today, and thereafter, necessary details will be furnished to the Kalamassery Municipality and Cochin Corporation, for removal of the identified encroachments, the concerned authorities duly supported by the Revenue Department are directed to take action against identified encroachments, as expeditiously as possible. The entire exercise be completed within three months.
Writ petition is disposed of as above.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
W.P.(C).22332/2019 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE
OMBUDSMAN IN COMPLAINT NO. 1705/2013
DATED 19.1.2017.
EXHIBIT P2 TRUE COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT. P1.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE
OMBUDSMAN IN COMPLAINT NO. 122/2015
DATED 19.1.2017.
EXHIBIT P4 TRUE COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P3.