Govindan Nambiar vs State Of Kerala

Shaji P.Chaly, J

According to the petitioner, the 6th respondent neighbour is carrying out a construction through the property of the petitioner, which will prejudicially affect the property of the petitioner. It is also pointed out that public fund is used for construction of a concrete structure in the property of the 6th respondent. It is further submitted that at present water is flowing through the present drain without any obstruction and if any construction is carried out, that would materially affect the property of the petitioner.

Anyhow, petitioner has submitted Exhibit P3 representation before the District Collector, in which it is pointed out that the 6th respondent is attempting to make construction encroaching into the property of the petitioner and if the construction is carried out, it may cause severe prejudice to the petitioner.

In that view of the matter, I think it is only appropriate that Exhibit P3 is disposed of within a time frame. Accordingly, after hearing learned counsel for petitioner Sri.A.V.James and learned Senior Government Pleader Smt.Deepa Narayanan, the writ petition is disposed of directing the District Collector, Wayanad District – the 2nd respondent, to finalise Exhibit P3 representation submitted by the petitioner, at the earliest possible, and at any rate, within one month from the date of receipt of a copy of this judgment, after providing a notice of hearing to the petitioner as well as the 6th respondent. I make it clear that the directions so issued shall not be construed as an expression of opinion on the merits of the matter or rival interest of the parties.