High CourtsSingle Bench(2023) 06 KL CK 0260

Brijith B.Vs State Of Kerala

High Court Of Kerala · Decided on 23 June 2023

HON’BLE JUDGES
Gopinath P, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.17761 Of 2023

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Judgment

5 paragraphs · 258 words

Gopinath P, J

1.

The petitioner is an absolute owner in possession of an extent of property covered by Ext.P1 document. The petitioner obtained a building permit from the Thiruvananthapuram Corporation for construction of a commercial cum residential building. The petitioner has now been served with Ext.P3 notice dated 22.05.2023 by the Village Officer in charge of Uliyazhathura Village Office stating that since the property of the petitioner adjoins Government property, the construction activities undertaken by the petitioner may be stopped till the property of the Government is measured and identified.

2.

The learned Government Pleader, on instructions, would submit that steps have been taken to measure and identify the Government property and the process will be completed within a period of three weeks from today.

Having heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents, I am of the view that the identification and measurement of the Government property, which has stated to be adjacent to the property belonging to the petitioner, need not be a ground to direct the petitioner to stop all construction activities in his property. The survey, measurement and demarcation of the Government property shall be completed within a period of three weeks. The petitioner will be permitted to continue with the construction activities, subject to the condition that, if it is ultimately found that the petitioner has encroached into the Government property in any manner, the petitioner will be liable to face action for the same.

The writ petition is disposed of as above.