Lakshmi vs The Munnar Grama Panchayat
2021 Latest Caselaw 17331 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                          WP(C) NO. 3977 OF 2020
PETITIONER:

     1        LAKSHMI
              AGED 66 YEARS
              W/O. RAMAR, SOUTH DIVISION, CHOKKANADU EASTATE, MUNNAR-
              685 612

     2        KARUPPUSWAMI,
              AGED 45 YEARS
              S/O. RAMAR, SOUTH DIVISION, CHOKKANADU EASTATE, MUNNAR-
              685 612

     3        AMRITHARAJ
              AGED 44 YEARS
              S/O. RAMAR, SOUTH DIVISION, CHOKKANADU EASTATE, MUNNAR-
              685 612

              BY ADV K.K.RAZIA



RESPONDENTS:

     1        THE MUNNAR GRAMA PANCHAYAT
              IDUKKI,PIN-685 612, REPRESENTED BY THE SECRETARY

     2        THE SECRETARY, MUNNAR GRAMA PANCHAYAT,
              IDUKKI,PIN-685 612

     3        THE DIRECTOR,
              VIGILANCE AND ANTI CORRUPTION BUREAU, VIKAS BHAVAN,
              THIRUVANANTHAPURAM-695 033

     4        KERALA STATE COMMISSION FOR SCHEDULE CASTES AND SCHEDULE
              TRIBES
              AYYANKALI BHAVAN, KANAKANAGAR, VELLAYAMBALAM,
              THIRUVANANTHAPURAM-695 033
 WP(C) NO. 3977 OF 2020
                                2

    5     THE DISTRICT COLLECTOR,
          DISTRICT COLLECTORATE, IDUKKI , KERALA-685 601

    6     THE REVENUE DIVISIONAL OFFICER,
          DEVIKULAM, IDUKKI-685 6513

    7     THE PANCHAYATH DIRECTOR,
          OFFICE OF THE PANCHAYAT DIRECTOR THIRUVANANTHAPURAM-
          695 033

    8     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT
          OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001

          BY ADVS.
          SRI.ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT
          GOVERNMENT PLEADER



OTHER PRESENT:

          SRI. ASWIN SETHUMADHAVAN-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3977 OF 2020
                                       3

                                JUDGMENT

This writ petition is filed seeking the following reliefs:-

"(a) To issue a writ of mandamus or any other appropriate writ, direction or order to direct the 1st respondent to allot the land, in favour of the petitioners as legal representative of Sri.Ramar and also to comply the directions of the other respondents.

(b) To issue a writ of mandamus or any other appropriate writ, direction or order to direct the respondents to consider and to take action upon Ext.P8 & P9 representations."

2. Heard the learned counsel for the petitioners, the

learned Government Pleader as well as the learned counsel

appearing for respondents 1 and 2.

3. It is submitted by the learned counsel for the

petitioners that the 1st petitioner is the widow and petitioners 2

and 3 are the children of one Ramar had been allotted with 2 ½

cents of land in accordance with a scheme of the 1 st respondent

for providing land to landless Schedule Caste and Schedule

Tribe labourers living in the locality. It is submitted that Ext.P1

agreement had been entered into in the year 2005 and Plot

No.213 was allotted to Ramar. It is submitted that, thereafter, WP(C) NO. 3977 OF 2020

the land was illegally allocated to one Ramaraj. It is submitted

that an enquiry had been conducted and Ext.P4 report was

submitted by the Vigilance and Anti Corruption Bureau directing

the recovery of land from the unauthorised occupant and the

reallocation of the land to the 1 st petitioner's late husband. It is

submitted that though Ext.P5 order had been issued by the

revenue authorities, no further steps were taken in the matter

to allot the land to the 1st petitioner's husband. After the death

of her husband, the 1st petitioner submitted Exts.P8 and P9

requests before the respondents for allocation of the land to the

legal heirs of her husband.

4. A counter affidavit has been placed on record by the

respondents 1 and 2. It is submitted at paragraph 6 and 7 of the

said counter affidavit as follows:-

"6. It is submitted that as per the report of the Vigilance, the land in question was originally allotted to Mr.Ramar, the husband of the petitioner. Thereafter some undue interference has occurred and the possession of the land has been transferred to one Mr.Ramraj as per the Vigilance report. It is submitted that on 26-7-2018, the Panchayat WP(C) NO. 3977 OF 2020

issued an eviction notice to Mr.R.Ramraj, Son of Ramar, Chokkanad Estate, Munnar and directed him to evict the disputed property with immediate effect. Copy of eviction notice dated 26-7-2018 issued by the Panchayat is produced herewith and marked as Exhibit.R1(a). On further verification of the scheduled property, it was understood that Mr.Ramraj has transferred the property to Mr.Guruselvam.M.G.

7. It is further submitted that, in response to Ext.P4 report and the direction issued in Ext.P5, the Panchayat made a request to the Deputy Superintendent of Police, Munnar to evict Mr.Guruselvam.M, who is presently residing in the plot.

Copy of the letter dated 29-1-2020 issued by the Panchayat to Deputy Superintendent of Police, Munnar is produced herewith and marked as Exhibit.R1(b) . On the same date the Panchayat issued an eviction notice to Mr. Guruselvam, directing him to evict from the property within 15 days. Copy of the communication dated 29-1-2020 is produced herewith and marked as Exhibit R1(c). Thereafter Mr.M.Guruselvam, produce an injunction order before the Panchayat obtained from the Munsiff's Court, Devikulam in O.S.No.99/2019 filed against Mr.R.Ramraj. Copy of the injunction order passed by the Munsiff's Court, Devikulzam in I.A.No.381/2019 in O.S.No.99/2019 is produced herewith and marked as Exhibit.R1(d). On further verification of the above order and the statement made by Mr.Guruselvam, it is understood that Mr.Ramraj who was in possession of the said land was executed a deed transferring the property against in favour WP(C) NO. 3977 OF 2020

of Guruselvam vide agreement dated 14-2-2008 and now Mr.Guruselvam is in possession of the land. There is a dispute between Guruselvam and Ramraj and Mr.Guruselvam approached the Munsiff's Court, Devikulam for redress his grievance and obtained Injunction order from the Munsiff's Court. Since the suit is pending consideration before the Munsiff's Court, Devikulam, the Panchayat has not taken any further action on the same. It Is submitted that as per the request of the petitioner, the Panchayat considered alternate allotment of the land to the petitioner. But due to the unavailability of the land in Munnar Panchayat, the Panchayat is not in a position to consider the claim of the petitioner for an alternate allotment of land. If the petitioner is able to provide the land, the Panchayat can provide financial assistance to the petitioner for construct the residential house through the Life Mission Project, if he is otherwise eligible."

5. The learned Government Pleader submits that the

land is in the unauthorized occupation of one Guruselvam who

is not a party to this writ petition and that the issue can be

considered by the District Collector after hearing all concerned.

6. I have considered the contentions advanced. The

learned counsel for the petitioners submits that there is no WP(C) NO. 3977 OF 2020

dispute that the 1st petitioner's late husband had been found

eligible for allocation of the land and that the land had actually

been allocated to him. It is submitted that Ext.P4 would show

that the petitioners are entitled to be allocated the plot in

question. I am of the opinion that the contention raised by

respondents 1 and 2 that Ramaraj and Guruselvam are

necessary parties to this writ petition cannot be accepted in

view of the uncontroverted findings in Ext.P4 which are not

disputed by the respondents as well. A dispute between

Ramaraj and Guruselvam with regard to possession of the

property cannot be a ground to deny the claim of the

petitioners who are the legal heirs of a legitimate allottee of the

property.

7. In the above view of the matter, I am of the opinion

that it is for the respondents to see that the recommendations

in Ext.P4 report are carried out in full. In view of the fact that

the 1st petitioner's late husband was admittedly entitled to the

allocation of a plot in terms of the scheme, it is for the WP(C) NO. 3977 OF 2020

respondents to take appropriate steps to see that the land is

duly allocated to legal heirs of Sri.Ramar in accordance with

law. The writ petition is, therefore, ordered directing the

respondents to take appropriate steps to see that the plot

having an extent of 2 ½ cents of land is duly allocated to the

petitioners, in accordance with their entitlement in terms of

Ext.P1, within a period of three months from the date of receipt

of a copy of this judgment. It is also made clear that Ext.R1(d)

order of injunction produced along with the counter affidavit will

not stand in the way of the Panchayath or the respondents

taking appropriate action in accordance with law.

Sd/-

ANU SIVARAMAN JUDGE Bng/25.08.2021 WP(C) NO. 3977 OF 2020

APPENDIX OF WP(C) 3977/2020

PETITIONERS EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN RAMAR AND 1ST RESPONDENT DATED 18.03.2005

EXHIBIT P2 A TUE COPY OF THE ORDER DATED 18.01.2016 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE PAPER REPORT DATED 03.02.2017 IN MALAYALA MANORAMA DAILY

EXHIBIT P4 A TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 27.05.2017

EXHIBIT P5 A TRUE COPY OF THE LETTER ISSUED BY SUB COLLECTOR DATED 11.07.2019

EXHIBIT P6 A TRUE COPY OF THE DEATH CERTIFICATE OF SRI.

RAMAR

EXHIBIT P7 A TRUE COPY OF THE RELATIONSHIP CERTIFICATE OF SRI.RAMAR DATED 13.11.2019

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 21.11.2019

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 28.01.2020

RESPONDENTS EXHIBITS

EXHIBIT R1(A) TRUE COPY OF THE EVICTION NOTICE DATED 26.07.2018 ISSUED BY THE MUNNAR GRAMA PANCHAYAT WP(C) NO. 3977 OF 2020

EXHIBIT R1(B) TRUE COPY OF THE EVICTION NOTICE DATED 29.01.2020 ISSUED BY THE PANCHAYAT TO DEPUTY SUPERINTENDENT OF POLICE, MUNNAR

EXHIBIT R1(C) TRUE COPY OF THE COMMUNICATION DATED 29.01.2020 ISSUED BY THE PANCHAYAT TO MR.GURUSELVAM

EXHIBIT R1(D) TRUE COPY OF THE INJUNCTION ORDER PASSED BY TEH MUNSIFF'S COURT, DEVIKULAM IN I.A.NI.381/2019 IN O.S.NO.99/2019