IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 31995 OF 2013
PETITIONER:
1 USHAKUMARI
AGED 57 YEARS
W/O SURENDRAN, RESHMA BHAVAN, UNNIMUKKU,
CHITHARA VILLAGE, PIN:691 559.
2 SURENDRAN
AGED 63 YEARS
S/O KUNCHU, RESHMA BHAVAN, UNNIMUKKU,
CHITHARA VILLAGE, PIN:691 559.
BY ADVS.
SRI.T.M.ABDUL LATHEEF
SRI.A.MOHAMED RASHEED
RESPONDENTS:
1 CHITHARA GRAMA PANCHAYAT (SPECIAL GRADE)
CHITHARA P.O., KOLLAM-691 559, REPRESENTED BY ITS
SECRETARY.
2 SECRETARY SPECIAL GRADE
CHITHARA GRAMA PANCHAYAT (SPECIAL GRADE),
CHITHARA P.O., KOLLAM-691 559.
3 VILLAGE OFFICER
CHITHARA VILLAGE, CHITHARA-691 559.
BY ADVS.
SRI.ANOOP.V.NAIR
SRI.M.R.JAYAPRASAD
SRI.P.MOHANDAS ERNAKULAM
DR.K.P.SATHEESAN SR.
SRI.S.VIBHEESHANAN
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31995 OF 2013
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 31995 of 2013
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Dated this the 06th day of July, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) To call for the records relating to Ext.P-1 to P-5 and to issue a writ of certiorari quashing Ext.P-4 notice and further proceedings;
(ii) To issue a writ of mandamus commanding the Respondents 1 and 2 not to cause any obstruction in the construction of compound wall by the Petitioners in their property covered by Exts.P-1 and P-2 documents;
(iii) To issue a writ of mandamus commanding the 2nd Respondent to measure out the width of the road stated in Ext.P-4 notice based upon the records maintained in the Panchayath and Village Offices including the Roads Register of Panchayat wherein the width of the Road is stated and to fix the boundary accordingly at the north side of the Petitioner's property adjoining to the Panchayat Road;
(iv) Any other appropriate, writ, order or direction also may be granted to meet out justice under the circumstances of the above case."[SIC] WP(C) NO. 31995 OF 2013 3
2. This writ petition is filed mainly challenging Ext.P4 order by which the 1 st respondent Panchayath directed the petitioners to demolish an unauthorized construction made by the petitioners encroaching the Panchayath road. The petitioners submitted Ext.P5 reply to the Panchayath. Thereafter this writ petition is filed.
3. Heard counsel appearing for the petitioners and the learned Government Pleader.
4. This Court perused Ext.P4 notice issued by the Panchayath. According to the Panchayath there is encroachment. According to the petitioners, there is no encroachment. If that is the case, this can be easily find out by conducting a survey of the property of the petitioner and the road. The Panchayath can peruse the relevant documents. Ext.P6 is the location sketch showing the property of the petitioner and the road. Perusing these documents, the Panchayath can easily find out whether there is any encroachment or not. As I stated earlier, the petitioner already submitted Ext.P5 explanation. But the petitioner is free to submit an WP(C) NO. 31995 OF 2013 4 additional representation also, producing additional documents, if any. For facilitating the Panchayath to pass fresh orders, Ext.P4 can be set aside.
Therefore, this writ petition is allowed in the following manner:
i. Ext.P4 is set aside.
ii. The 1st and 2nd respondents are directed to
reconsider the matter after giving an opportunity of hearing to the petitioner.
iii. The 1st and 2nd respondents will conduct a survey and verify all documents available before deciding the matter.
iv. The petitioner is free to file an additional representation also producing additional documents, if any.
v. The status quo as on today will be maintained till final orders are passed by respondents 1 and 2.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 31995 OF 2013 5 APPENDIX OF WP(C) 31995/2013 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF TH ESALE DEED NO.2011/2011 DATED 12.8.2011. EXHIBIT P2: TRUE COPY OF THE TAX RECEIPT NO.1328021 DATED 10.5.2013.
EXHIBIT P3: TRUE COPY OF THE
CERTIFICATE JNO.A3-6527/2013 DATED
11.10.2013 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P4: TRUE COPY OF THE NOTICE NO.730/13 DATED 12.11.2013 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE OBJECTION DATED 10.12.2013 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE