Kerala High Court
Bhanumathi Menon vs State Of Kerala on 7 July, 2025
W.P.(C) No.8415 of 2025
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2025:KER:49585
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 8415 OF 2025
PETITIONER:
BHANUMATHI MENON
AGED 77 YEARS
W/O LATE NARAYANA MENON, THRIKKARTHIKA,
KALLOOR P.O., VADAKKEKAD, THRISSUR, PIN - 679562.
BY ADV SRI.C.Y.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
TRIVANDRUM, PIN - 695001.
2 DISTRICT COLLECTOR
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003.
3 TAHSILDAR
CHAVAKKAD TALUK OFFICE, VANJIKADAVU ROAD,
CHAVAKKAD, THRISSUR, PIN - 680506.
4 VILLAGE OFFICER
VADAKKEKKAD VILLAGE OFFICE, VYLATHUR,
THRISSUR, PIN - 679563.
5 STATION HOUSE OFFICER
VADAKKEKKAD POLICE STATION, ANDATHODE P.O.,
THRISSUR, PIN - 679564.
W.P.(C) No.8415 of 2025
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2025:KER:49585
6 VADAKKEKKAD PANCHAYATH
PANCHAYATH OFFICE,
GURUVAYOOR-ALTHARA-PONNANI ROAD, VYLATHUR,
THRISSUR,
REPRESENTED BY ITS SECRETARY, PIN - 679562.
BY ADVS.
SRI.R.RENJITH
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.8415 of 2025
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2025:KER:49585
JUDGMENT
The petitioner approached this Court alleging violation of constitutional right under Article 300A of the Constitution, on the premise that her property is sought to be acquired by the respondents without any notice, whatsoever, to her. It is the petitioner's case that she has 8.5 cents of land, together with the residential building therein, the same having been inherited by her upon the death of her husband, who obtained the property by virtue of Ext.P8 sale deed. Learned counsel would point out that the petitioner is a lady, aged 77 years, residing alone in the said premises. In order to form a new road, the petitioner's property is sought to be taken over, without adhering to any of the procedures for acquisition, is the main grievance espoused in this Writ Petition.
2. Exts.P1 and P2 are the land tax receipt and ownership certificate in favour of the petitioner. As against the proposed acquisition, several complaints were preferred by W.P.(C) No.8415 of 2025
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2025:KER:49585 the petitioner. Ext.P3 is preferred before the Taluk Officer and Ext.P4, before the Collector. Ext.P9 is a representation preferred before the Panchayat. However, the said complaints did not fetch any result. On such premise, the petitioner seeks a declaration that respondents 1 to 6 have no right to acquire and possess the property of the petitioner, except in accordance with the procedure established by law and giving compensation to the petitioner, as per law. Petitioner also seeks issuance of a consequential Writ prohibiting the respondents from interfering with her peaceful possession.
3. Learned Standing Counsel for the 6 th respondent Panchayat would submit that there is no proposal for any acquisition or taking over. As a matter of fact, a road has already been formed alongside the petitioner's property, of which, almost 15 families on both sides of it are beneficiaries. There was a request from them to concrete the said road. The said road, according to the learned Standing Counsel, would lead ultimately to a temple. The request from W.P.(C) No.8415 of 2025
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2025:KER:49585 the beneficiaries of the road was considered and a decision was taken in the Panchayat Committee. The same was agreed by the 'Grama Sabha' as well. Tender was called for and it was confirmed. It is at this stage, the instant mischievous Writ Petition was filed, is the submission made by the learned Standing Counsel for the 6th respondent.
4. Learned Senior Government Pleader, who appears for other respondents, would submit that there is no acquisition, whatsoever, in vogue.
5. Having heard the learned counsel appearing for the respective parties, this Court notice that the petitioner's grievance is not something to be agitated before this Court in exercise of its jurisdiction under Article 226 of the Constitution. There is clear dispute with respect to the facts. According to the petitioner, an acquisition is on the anvil for the formation of a road; whereas, according to the 6th respondent Panchayat, a road has already been formed much earlier and all what is required is to concrete the same W.P.(C) No.8415 of 2025
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2025:KER:49585 now. In support of that, learned Standing Counsel for the Panchayat rely on Ext.R6(b) Asset Register, wherein the name of the road finds a place as Kandampully Ambalam Road. These disputed questions of fact cannot be agitated in exercise of the powers under Article 226 of the Constitution; nor would the declaration and the consequential direction sought for, be granted in the above referred disputed state of affairs. A perusal of Ext.R6(a) photograph would indicate that a road has already been formed and a culvert has also been constructed.
6. In the above referred state of affairs, this Court refuse to grant any relief to the petitioner, however, without prejudice to the petitioner's right to take course to such other remedy/relief as contemplated by law.
This Writ Petition will stand dismissed, subject to the above observation.
Sd/-
C.JAYACHANDRAN, JUDGE ww W.P.(C) No.8415 of 2025
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2025:KER:49585 APPENDIX OF WP(C) 8415/2025 PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE TAX RECEIPT DATED 28/04/21 ISSUED FROM THE VADAKKEKKAD VILLAGE OFFICE.
EXHIBIT P2 COPY OF THE OWNERSHIP CERTIFICATE DATED 12/10/2017 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P3 COPY OF THE ACKNOWLEDGMENT CARD DATED
29/10/24 EVIDENCING THE RECEIPT OF
REPRESENTATION BY THE CHAVAKKAD TALUK OFFICE.
EXHIBIT P4 COPY OF THE RECEIPT DATED 10/02/2025 ISSUED FROM THE OFFICE OF THE DISTRICT COLLECTOR, THRISSUR.
EXHIBIT P5 COPY OF THE NOTICE DATED 08/01/25 ISSUED BY THE 6TH RESPONDENT GRAMA PANCHAYATH.
EXHIBIT P6 COPY OF THE COMMUNICATION DATED 27/11/24 ISSUED FROM OF THE OFFICE OF THE REVENUE MINISTER.
EXHIBIT P7 COPY OF THE SALE DEED DATED 18/08/1999.
EXHIBIT P8 COPY OF THE POSSESSION CERTIFICATE DATED 03/03/10 ISSUED FROM VILLAGE OFFICE VADAKKEKAD.
EXHIBIT P9 COPY OF THE REPRESENTATION DATED 26/10/24 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.
EXHIBIT P10 COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 26/10/24 ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT.W.P.(C) No.8415 of 2025
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2025:KER:49585 RESPONDENTS' EXHIBITS:
EXHIBIT R6(A) PHOTOGRAPHS EVIDENCING LIE OF THE ROAD AND THE RESIDENTIAL BUILDING OF THE PETITIONER WHICH IS SITUATED ON THE NORTHERN SIDE OF THE ROAD.
EXHIBIT R6(B) TRUE PHOTOSTAT COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER MAINTAINED BY THE PANCHAYATH.