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Sosamma Lawrence vs The District Collector on 4 March, 2010

Kerala High Court
Sosamma Lawrence vs The District Collector on 4 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32668 of 2009(C)


1. SOSAMMA LAWRENCE, AGED 60 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, ALAPPUZHA.
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER,

3. THE VILLAGE OFFICER, PUNNAPRA.

4. THE TALUK SURVEYOR, AMBALAPPUZHA.

5. JOHN, AGED 50 YEARS, S/O.DAVID,

6. THE PUNNAPPRA GRAMA PANCHAYATH,

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :04/03/2010

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
              ---------------------------------------
                   W.P.(C) No.32668 OF 2009
               ---------------------------------------
             Dated this the 4th day of March, 2010.


                         J U D G M E N T

The petitioner is the resident of Punnapra village in

Alappuzha District. The 5th respondent is residing on the

southern side of the petitioner’s property. According to the

petitioner, the 5th respondent has encroached Government owned

land, which is lying as a pathway, having an extent of 50 metre

length and 3 metre width thereby making it impossible for the

petitioner and her family members to have access to their house

from the road.

2. Exhibit P1 is the complaint filed by the petitioner before

the 2nd respondent. The same was forwarded by the 2nd

respondent to the 3rd respondent for taking appropriate action in

the matter and the 3rd respondent submitted a report also which

is produced as Exhibit P2. Thereafter, the 4th respondent

conducted an inspection. A further report was submitted in the

matter by the 3rd respondent as per Exhibit P3 and later the 4th

W.P.(C) No.32668/2009 2

respondent also submitted a report as per Exhibit P4. Finally, the

petitioner has filed Exhibits P5 and P6 representations before the

1st respondent seeking for removal of the encroachment. The

contesting respondents have not filed any counter affidavit in the

matter.

There will be a direction to the 1st respondent to consider

and pass orders on Exhibits P5 and P6, after hearing the

petitioner and the respondents 5 and 6 and after conducting due

enquiry, within a period of two months.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

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