IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 32391 OF 2017
PETITIONER:
ABDUL JALEEL
POOLAKKARUMBATH HOUSE, MEENANGADI P.O.,
SULTHAN BATHERY - 673591.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 DISTRICT COLLECTOR,WAYANAD
KALPETTA - 673 121.
2 THE TAHSILDAR
TALUK OFFICE, SULTHAN BATHERY,
PIN - 673 592.
3 THE TALUK SURVEYOR
TALUK OFFICE,
SULTHAN BATHERY - 673 592.
4 THE SECRETARY
MEENANGADI GRAMA PANCHAYAT,GRAMA PANCHAYAT
OFFICE,MEENANGADI,WAYANAD-673591
(IS IMPLEADED AS PER ORDER DATED 26.02.2020 IN
IA.2/2020 IN WPC)
BY ADVS.
GOVERNMENT PLEADER
SRI.JOHN JOSEPH VETTIKAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).19673/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.32391/2017 & 19673/2022
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 19673 OF 2022
PETITIONER:
ABDUL JALEEL,
AGED 57 YEARS
POOLAKKARUMBATH HOUSE
MEENANGADI P.O., SULTHAN BATHERY-673691.
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
RESPONDENTS:
1 DISTRICT COLLECTOR,
WAYANAD, KALPETTA-673121.
2 THE SECRETARY,
MEENANGADI GRAMA PANCHAYATH,
MEENANGADI, WAYANAD-673591.
BY GOVERNMENT PLEADER SMT.SURYA BINOY B
SRI. JOHN JPOSEPH VETTIKAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).32391/2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.32391/2017 & 19673/2022
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N. NAGARESH, J.
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W.P.(C) Nos.32391 of 2017 and 19673 of 2022
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Dated this the 24th day of June, 2022
JUDGMENT
~~~~~~~~~ The petitioner in these writ petitions hold land adjoining the land where the Meenangadi Grama Panchayat proposes to construct a stadium/playground. WP(C) No.32391 of 2017 has been filed by the petitioner seeking to direct the Tahsildar and Taluk Surveyor to finalise the inspection and survey proceedings referred to in Ext.P5 without further delay. WP(C) No.19673 of 2022 has been filed seeking to dispose of Ext.P4 representation submitted by the petitioner before the District Collector. W.P.(C) Nos.32391/2017 & 19673/2022 :4:
2. The petitioner states that he purchased 1 Acre land in Survey No.711 of Palakkad Village. The petitioner gave away 33 Cents out of the said 1 Acre to a committee formed for developing a playground and a stadium. The remaining 67 Cents were subsequently sold to other persons. However, the petitioner purchased back 58.5 Cents of the said 67 Cents during 1995-1998. Out of the said 67 Cents, 18 Cents is in the name of the petitioner's father.
3. A committee formed for developing playground and stadium procured 6.50 Acres of land adjacent to the property of the petitioner. The committee surrendered 6.50 Acres to the Meenangadi Grama Panchayat on 28.03.1999. Boundaries of the land so surrendered were not fixed. In the year 2000, a complaint was filed before the District Collector alleging that the playground has been encroached upon. The District Collector caused an enquiry through the Tahsildar. The Tahsildar submitted a report that the alleged encroachment is outside the boundary fixed by the Panchayat. The District Collector therefore disposed of the W.P.(C) Nos.32391/2017 & 19673/2022 :5: complaint stating that it was for the Panchayat to take action, if any, against the alleged encroachment.
4. The petitioner states that his property was not surveyed and demarcated during the re-survey proceedings. Erroneously, the land was noted as government land. The petitioner filed OS No.455/2001 before the Munsiff's Court, Sultan Bathery. The court restrained the Government from trespassing into the petitioner's property, as per Ext.P2 judgement dated 14.01.2004 (in WP(C) No.32391/2017).
5. As regards description of the petitioner's property as government land in Revenue records, the petitioner took up the matter with the Tahsildar. The Tahsildar, as per Ext.P3, directed the petitioner to approach the office of the Re-survey Superintendent. Though the petitioner approached the Re-survey Superintendent, no steps were taken to make correction in the Revenue records. The petitioner therefore has filed WP(C) No.32391 of 2017 seeking to direct respondents 2 and 3 to finalise the inspection and survey proceedings without further delay. W.P.(C) Nos.32391/2017 & 19673/2022 :6:
6. According to the petitioner, pending WP(C) No.32391 of 2017, the Secretary to Meenangadi Grama Panchayat tried to encroach upon the land of the petitioner and fill the land with earth. The petitioner submitted Ext.P4 complaint (in WP(C) No.19673/2022) before the District Collector in this regard. The District Collector did not act on the complaint of the petitioner. Hence, the petitioner has filed WP(C) No.19673 of 2022 seeking to direct the 1 st respondent to take up and dispose of Ext.P4.
7. The Secretary to the Grama Panchayat entered appearance through Standing Counsel and resisted the writ petition. On behalf of the Secretary to Grama Panchayat, it was submitted that one Dwaraka Narayanan submitted a complaint before the Vigilance and Anti Corruption Bureau (VACB). The VACB caused measurement of Panchayat property through the Taluk Surveyor. The report revealed that the petitioner has encroached upon the property of the Panchayat. The VACB recommended the Government to take action to evict the petitioner and other encroachers. W.P.(C) Nos.32391/2017 & 19673/2022 :7: Consequently, the Revenue Divisional Officer, Mananthavady issued a letter to the Panchayat to evict the petitioner and others from the encroached property.
8. The Secretary to the Grama Panchayat further stated that the petitioner is attempting to establish his title over 58.5 Cents of land in Survey No.711 of Purakkady Village. The relief sought for in the writ petition can be granted only if the dispute regarding the ownership of the land is resolved. This Court cannot, in exercise of the jurisdiction under Article 226, go into such a disputed question of fact. The petitioner himself has filed OS No.233/2021 in the Munsiff's Court, Sultan Bathery. The Panchayat proposes to establish a 400 metre track in the proposed stadium. The proposed stadium will be one of the fewest sports stadium having the facilities to cope with the national and international level requirements. The Panchayat owns 0.6065 hectares of land there. The petitioner cannot be permitted to stake claim over any part of the said land. The writ petition is therefore liable to be dismissed. W.P.(C) Nos.32391/2017 & 19673/2022 :8:
9. The Tahsildar filed a counter affidavit in WP(C) No.32391 of 2017. There is nothing on record to show that the petitioner's 33 Cents of land was included in the 6.50 Acres of land relinquished to the Grama Panchayat. Who are the contributors to the land relinquished in favour of the Panchayat is not known. The Taluk Surveyor has shown the boundary of the property to the Secretary of Meenangadi Grama Panchayat. But, the Secretary refused to acknowledge the same.
10. The petitioner has not proved the purchase of the property claimed by him during 1995-1998, that is after the re-survey came into existence based on genuine records. In the Revenue records, the petitioner's property is shown as government land. At the time of re-survey, the petitioner had no claim over the property. The petitioner failed to produce title documents, the Tahsildar stated.
11. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the Grama Panchayat.
W.P.(C) Nos.32391/2017 & 19673/2022 :9:
12. According to the petitioner, his land in Survey No.711 of Purakkady Village, is mistakenly included as government land in survey records. The petitioner has requested to correct the discrepancy. Ext.P5 communication of the Additional Tahsildar will show that the Tahsildar has forwarded the request of the petitioner for survey, to the Taluk Surveyor.
13. Ext.P7 communication of the Principal Secretary to the Government of Kerala addressed to the Director of VACB, would show that on verification of the records, the 0.2562 hectare possessed by the petitioner does not contain any encroached land. Ext.P7 further proceeds to state that on a survey conducted by the Surveyor, it was found that the land set apart for stadium has not been encroached upon.
14. The District Collector also as per Ext.P8 letter addressed to the Principal Secretary has categorically stated that the 0.2562 hectare of land of the petitioner does not include any encroached land. Both the communications would indicate that the property of the Panchayat is of an W.P.(C) Nos.32391/2017 & 19673/2022 : 10 : extent of 6.50 Acres. The Secretary to the Grama Panchayat would, however, submit that the Panchayat is in occupation of 6 Acres 99 Cents of land.
15. This Court finds that the Grama Panchayat holds the property for construction of a stadium and playground. The Grama Panchayat as well as the petitioner appears to be holding certain documents in support of their claim over the land. In the facts and circumstances of the case, taking into consideration the fact that the Panchayat holds land for construction of a public purpose, this Court is of the view that instead of forcing the parties to resolve the issue through prolonged civil litigations, efforts should be made to resolve the issue through other means.
16. This Court is of the view that if a proper survey is conducted with notice to the petitioner as well as the Panchayat authorities, there is a fair chance that the dispute is resolved. It has to be noted that the petitioner has submitted Ext.P4 representation before the District Collector requesting to remove the ordinary earth deposited by the W.P.(C) Nos.32391/2017 & 19673/2022 : 11 : Panchayat in his property. The Secretary to the Grama Panchayat has also submitted Ext.R4(H) communication dated 22.11.2021 to the District Collector seeking to cancel the sketch of the property attached to the communication dated 26.07.2019 of the District Collector. In the circumstances of the case, it would be only just and proper to direct the District Collector to consider Ext.P4 complaint of the petitioner and Ext.R4(H) request submitted by the Grama Panchayat and take a decision thereon, after causing a proper survey of the land in question.
The writ petitions are therefore disposed of directing the 1st respondent-District Collector to consider Ext.P4 and Ext.R4(H), and take decision thereon, after causing a survey of the property of the petitioner as well as of the land claimed by the Grama Panchayat and after giving an opportunity of hearing to the petitioner as well as the Secretary to the Panchayat. In the event any of the parties are dissatisfied by the decision of the District Collector, it will be open to the parties to approach the competent civil court W.P.(C) Nos.32391/2017 & 19673/2022 : 12 : for establishing title to their respective properties, if they are so advised.
Sd/-
N. NAGARESH, JUDGE aks/27.06.2022 W.P.(C) Nos.32391/2017 & 19673/2022 : 13 : APPENDIX OF WP(C) 32391/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DATED 11.4.2001 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 14.1.2004 IN OS NO. 455 OF 2001 OF THE MUNSIFF'S COURT, SULTHRAN BATHERY.
EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 08.6.2005 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 16.8.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF NOTICE DATED 23.11.2016 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 08.8.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS Exhibit R2(A) A TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR DATED 26.06.2000.
PETITIONER'S EXHIBITS
Exhibit P7 TRUE COPY OF THE ORDER DATED
10.07.2019 ISSUED BY THE ADDITIONAL
SECRETARY, REVENUE (L) DEPARTMENT,
KERALA STATE.
Exhibit P8 TRUE COPY OF THE REPORT DATED 3.4.2019
OF THE 1ST RESPONDENT.
W.P.(C) Nos.32391/2017 & 19673/2022
: 14 :
RESPONDENT'S EXHIBITS
Exhibit R4(A) TRUE COPY OF LAND TAX RECEIPTS.
Exhibit R4(B) THE TRUE COPY OF THE REPORT DATED
12.07.1994 SUBMITTED BY THE SECRETARY AND THE ASSISTANT ENGINEER OF THE PANCHAYATH TO THE DISTRICT COLLECTOR.
Exhibit R4(C) THE TRUE COPY OF THE LETTER DATED
28.02.2019 ISSUED BY THE REVENUE
DIVISIONAL OFFICER, MANANTHAVADY, TO THE SECRETARY OF THE MEENANGADY GRAMA PANCHAYATH.
Exhibit R4(d) THE TRUE COPY OF THE PLAINT IN O.S.
NO. 233/2021 OF THE MUNSIFF/MAGISTRATE COURT, SULTHAN BATTERY.
Exhibit R4(e) THE TRUE COPY OF THE ORDER DATED 24.01.2022 IN I.A. NO. 3/2021 IN O.S.
NO. 233/2021 OF THE MUNSIFF/MAGISTRTE COURT, SULTHAN BATHERY.
Exhibit R4(f) THE TRUE COPY OF THE REPLY LETTER GIVEN BY THE VILLAGE OFFICER DATED 19.12.2001 TO THE THEN PRESIDENT OF THE GRAMA PANCHAYATH.
Exhibit R4(g) THE TRUE COPY OF THE LETTER ISSUED BY THE VILLAGE OFFICER PURAKKADY TO ONE DWARAKA NARAYANAN ON 17.10.2019.
Exhibit R4(h) THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PANCHAYATH BEFORE THE
DISTRICT COLLECTOR WAYANAD DATED
22.11.2021.
W.P.(C) Nos.32391/2017 & 19673/2022
: 15 :
APPENDIX OF WP(C) 19673/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ORDER DATED 11/04/2001
ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF REPORT NO.
DCWYD/10648/2018-L6 DATED 03/04/2019 OF THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF ORDER NO. L3/40/18/REV.
DATED 10/07/2019 OF THE PRINCIPAL SECRETARY, REVENUE.
Exhibit P4 TRUE COPY OF REPRESENTATION DATED 28/05/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.