IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17768 OF 2022
PETITIONERS:
1 SIRIL J.,
AGED 36 YEARS,
S/O. JESHUDAS,
BIRLA NIVAS,
THEKKECHERY,
KANJAVELI P.O,
KOLLAM - 691602.
2 PRASEEDHA,
AGED 34 YEARS,
W/O. SHYAM KUMAR,
KADAPAYIL VILA VEEDU,
THEKKECHERY,
KANJAVELI P.O, KOLLAM - 691602.
BY ADV VINOY VARGHESE KALLUMOOTTILL
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION ROAD, KOLLAM - 691013.
2 THRIKARUVA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
KAANJAAVELI P.O, KOLLAM P.O - 691602.
3 LAKSHMIKUTTY AMMA,
KARUTHALA KAAYALVAARAM,
KANJAVELI P.O, KOLLAM -691602.
SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.17768/2022
2
JUDGMENT
Dated this the 1st day of June, 2022 The petitioners, who are owners in possession of land in Thrikaruva Village of Kollam District, have approached this Court seeking to quash Exts.P3 and P4 and to direct the 2nd respondent not to take any action against the property of the petitioners till hearing the petitioners after giving notice to them.
2. The petitioners state that they own land in Re-Survey Nos.319/7 and 343/14 of Thrikaruva Village in Kollam District. There is a drainage channel situated near the property of the petitioners.
3. The 3rd respondent made a compliant to the Panchayat stating that there is encroachment by the WP(C)No.17768/2022 3 petitioners on the pathway. The petitioners would submit that the drainage channel was constructed after taking the entire width. The properties on both sides were separated and there cannot be any instance of encroachment. The petitioners are holding the property under a valid title deed. Nevertheless, the 2nd respondent issued Exts.P3 and P4 notices to the petitioners pointing out that the petitioners have encroached upon public land and directing the petitioners to remove illegal construction, failing which the Panchayat Authorities were to demolish the illegal construction.
4. The petitioners state that if the petitioners are not heard in the matter before demolishing the alleged illegal construction, the petitioners will be put to untold hardship and irreparable loss. Therefore, the 2 nd respondent is liable to be compelled not to proceed with Exts.P3 and P4 without hearing the petitioners.
WP(C)No.17768/2022 4
5. I have heard the learned counsel for the petitioners and the learned Government Pleader. In view of the nature of the relief to be granted in this writ petition, notice to respondents 2 and 3 are dispensed with.
6. From the pleadings in the writ petition, it is discernible that Exts.P3 and P4 are only notices issued to the petitioners. The petitioners have a right to submit their explanation to Exts.P3 and P4 notices and the 2 nd respondent is liable to consider the same, if the petitioners submit reply. The petitioners apprehend that since the respondents have already informed the petitioners that unless the alleged encroachment is demolished the Panchayat Authorities will act themselves, any reply given by the petitioners are not likely to yield any result.
7. In the facts and circumstances of the case, this Court is of the view that if the petitioners submit a reply to Exts.P3 and P4, the 2nd respondent is bound to consider the WP(C)No.17768/2022 5 same before taking any coercive action pursuant to Exts.P3 and P4.
8. In the circumstances, the writ petition is disposed of with the following directions:
i) The petitioners shall submit reply to Exts.P3 and P4, within a period of one week.
ii) If the petitioners submit reply to Exts.P3 and P4, the 2nd respondent shall consider the reply submitted by the petitioners. A final decision in the matter shall be taken only after affording an opportunity of hearing to the petitioners as well as the 3rd respondent.
iii) If the petitioners submit reply to Exts.P3 and P4 within one week as directed above, the 2 nd respondent shall proceed with coercive proceedings if any, only after hearing the petitioners and the 3rd respondent and passing an order.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.17768/2022 6 APPENDIX OF WP(C) 17768/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE TAX RECEIPTS OF THE PROPERTY IN POSSESSION OF THE 2ND PETITIONER AND HER HUSBAND DATED 18.04.2022 AND 21.04.2022.
Exhibit P2 TRUE COPY OF THE ROUGH SKETCH. Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT PANCHAYATH TO THE 1ST PETITIONER DATED 22.02.2022.
Exhibit P4 TRUE COPY OF THE NOTICE ISSUED TO THE HUSBAND OF THE 2ND PETITIONER DATED 27.12.2021.
SR