IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 7402 OF 2016
PETITIONERS:
K.SIVARAMAKRISHNAN NAIR
AGED 76 YEARS
S/O.T.K.KUNJAN PILLAI, "BHAGAVATHI PARAMBIL", PALLIPATTU MURI,
TRIKKUNNAPUZHA PANCHAYAT NOW RESIDING AT "PAVITHRAM", ALAPPURAM
ROAD, THIRUMALA P.O., THIRUVANANTHAPURAM, PIN CODE-695 006.
BY ADV SRI.P.V.VENUGOPAL
RESPONDENTS:
1 DISTRICT COLLECTOR, ALAPPUZHA
ALAPPUZHA DISTRICT, PIN CODE-688 001.
2 TALUK SURVEYOR
TALUK OFFICE, HARIPPAD, PIN CODE-690 514.
3 TRIKKUNNAPUZHA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE,
TRIKKUNNAPUZHA, PIN CODE NO.690 515.
4 SUB INSPECTOR OF POLICE
TRIKKUNNAPUZHA, PIN CODE NO.690 515.
5 REGHU
S/O.JAGADESHAN, VADACHIRAYIL, PALLIPATTU MURI, TRIKKUNNAPUZHA
PANCHAYATH, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN CODE
NO.690 515.
6 THE ASSISTANT EXECUTIVE ENGINEER
HARBOUR ENGINEERING DEPARTMENT, KARUNAGAPPALLY.
R1,R2,R4 AND R6 - SRI.ARAVIND P MATHEW,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7402 of 2016 2
JUDGMENT
Dated this the 17th day of June 2022 This writ petition is filed by the petitioner seeking the following reliefs:
i) Issue a Writ of Mandamus or any direction or order, commanding the 3 rd respondent Local Self Government to remove all obstructions in the alignment area of 2 Metres wide portion from the eastern boundary end of 207.250 cents comprised in in Re-Sy No 464/11 of Trikkunnapuzha Village already fixed by the 2nd respondent Taluk Surveyor voluntarily surrendered by the petitioner even though petitioner is not a beneficiary for establishment of new Valekadavu to Thekkethara Road by Harbour Engineering Department.
ii)Issue a Writ of Mandamus or, direction or order, directing the 4 th respondent to effectively interfere in removing all illegal obstruction caused by the 5th respondent in the road alignment while putting up new Valekadavu to Thekkethara Road through the eastern side at north eastern portion of Re-Sy No 464/11 of Trikkunnapuzha Village.
iii) Grant such other reliefs which are incidental and appropriate to the proceedings which this Honourable Court deems fit and proper in the facts and circumstances.
2. The sum and substance of the contention advanced by the petitioner is that the petitioner had voluntarily surrendered 2 meters wide property at a W.P.(C) No.7402 of 2016 3 length of about 12 meter from the eastern boundary of his property to the north-eastern end from an extent of 207.250 cents for forming a new road, of which he is not a beneficiary at all. It is also contended that the said property was surrendered in addition to the surrender of 300 meters of property from the share of his daughter's property for construction of the road.
3. The case put forth by the petitioner is that obstructions are created in the surrendered portion so as to dissuade the Thrikkunnappuzha Grama Panchayat - the 3rd respondent, from developing the road. It is in the above context that the reliefs extracted above are sought for by the petitioner.
4. In spite of the pendency of this writ petition for the last more than 6 years, no counter affidavit is filed by any of the respondents. Therefore, in view of innocuous reliefs sought for by the petitioner, I think it is only appropriate that the writ petition is disposed of with suitable directions.
5. Therefore, after having heard learned counsel for petitioner Sri.P.V.Venugopal, learned Government Pleader Sri.Aravind P. Mathew and perusing the pleadings and documents on record, the writ petition is disposed of directing the Thrikkunnapuzha Grama Panchayat - the 3 rd respondent to conduct necessary measurement of the property in question, projected in this writ petition, and take appropriate action if there is an encroachment made to the property so as to prevent the Panchayat from forming the road.
W.P.(C) No.7402 of 2016 4In order to proceed the matter, petitioner is directed to produce a copy of the writ petition along with documents before the Secretary of the Grama Panchayat. Anyhow, the action shall be finalised at the earliest and at any rate within two months from the the date of receipt of a copy of the judgment, if required after securing assistance of the revenue authorities.
Sd/-
SHAJI P.CHALY
smv JUDGE
W.P.(C) No.7402 of 2016 5
APPENDIX OF WP(C) 7402/2016
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF JUDGMENT IN WP(C)NO.29691/2015 DATED 30.09.2015.
EXT P2: TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER, TRIKKUNNAPUZHA DATED 05.08.2013. EXT.P3: TRUE COPY OF TAX RECEIPT 2977655 DATED 4.05.2015.
EXT.P4: TRUE COPY OF NOTICE ISSUED BY THE ADDITIONAL TAHSILDAR DATED 9.11.2015 CALLING UP ON THE PARTIES TO APPEAR PERSONAL HEARING ON 28.11.2015 27.03.2013. EXT.P5: TRUE COPY OF NOTICE DATED 13.1.2016 CALLING UP ON PARTIES TO APPEAR AT THE SITE WHILE CONDUCTING SURVEY ON 22.1.2016 TAHSILDAR ON 26.08.2015 GIVEN BY THE PETITIONER.
EXT.P6: TRUE COPY MASS REPRESENTATION GIVEN TO THE 3RD RESPONDENT BY THE PUBLIC SIGNED BY 41 RESIDENTS OF THE LOCALITY.