Udaya Filling Station vs The State Of Kerala
2021 Latest Caselaw 1812 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE GOPINATH P.

   MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                     WP(C).No.19240 OF 2016(D)



PETITIONER:
               UDAYA FILLING STATION,
               A PARTNERSHIP FIRM DEALING IN BHARATH PETROLEUM
               PRODUCTS AT TOP STATION ROAD, MUNNAR, REPRESENTED
               BY ITS MANAGING PARTNER, AND ITS AUTHORIZED
               OFFICER, BALASUBRAMANIAN, AGED 38 YEARS,
               S/O.KITTAPPA NARAYANASWAMY,
               UDAYA FILLING STATION,
               TOP STATION ROAD, MUNNAR, KDH VILLAGE, DEVIKULAM
               TALUK.

               BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS:
      1      THE STATE OF KERALA
             REP. BY THE SECRETARY TO GOVERNMENT, REVENUE
             DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695 001.

      2        THE MUNNAR GRAMA PANCHAYATH
               REP. BY ITS SECRETARY, MUNNAR-685 001.

      3        THE SPECIAL TAHSILDAR
               SPECIAL REVENUE OFFICE, MUNNAR, K.D.H. VILLAGE,
               DEVIKULAM TALUK-685 001.

      4        THE TAHSILDAR
               DEVIKULAM TALUK, K.D.H. VILLAGE - 685 001.

      5        THE VILLAGE OFFICER
               K.D.H. VILLAGE OFFICE,
               DEVIKULAM TALUK-685 001.

               R1 & R3 TO R5 BY SRI.K JMOHAMED ANZAR, SPL. GP,
               REVENUE
               R2 BY SRI.ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.19240/2016              2



                         JUDGMENT

Dated this the 18th day of January, 2021

The petitioner has been operating a retail petroleum

outlet on about 12.9 cents of land comprised in Sy.No.62/28A

of the K D H Village. Apprehending action at the hands of the

Revenue Authorities when the petitioner was attempting to

carry out certain constructions/renovations in respect of which

petitioner says that he had obtained Ext.P1 permission from

the Munnar Grama Panchayat he has approached this Court

praying for the following reliefs:-

i. Issue a writ of Mandamus or any other writ order or direction commanding the respondents not to interfere in the ongoing construction activities carried out by the petitioner pursuant to Ext.P1 or attempt to demolish any portions of the said construction, and that too without any notice, in the interest of justice.

ii. To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

2. The learned Standing Counsel for the Panchayat

submits that Ext.P1 is permission granted only for changing the

tin roof and was not a permission for carrying out any

construction. The learned Special Government Pleader

appearing for the Revenue Department submits that the

petitioner had carried out constructions under the guise of

Ext.P1, encroaching upon river purmboke and the said illegal

construction has already been removed at the instance of the

Revenue Authorities. Today when the matter is taken up, it is

submitted before me that a suit was originally filed by the

petitioner before the Munsiff Court, Devikulam which was

transferred to the Tribunal constituted under the Munnar

Special Tribunal Act, 2010 and it was numbered as MTOP No.75

of 2015. Now, following the disbanding of the Munnar Special

Tribunal the said suit is transferred back and is pending on the

files of the Munsiff Court, Devikulam which is yet to be

adjudicated and disposed of. Obviously, the suit is one for an

injunction and the only question that will be adjudicated is

whether the petitioner is in lawful possession of the property.

Since no action is apprehended presently and since the suit is

pending before the competent Civil Court, this writ petition is

closed and it is directed that the Munsiff Court, Devikulam shall

dispose of the suit pending before it untrammelled by any

observation in this judgment.

3. The learned Special Government Pleader submits

that the records pertaining to several cases pending before the

Tribunal have not yet been transferred to the respective Courts

to which they had to be transferred following the closure of the

Tribunal though he is not having any instructions regarding the

suit filed by the petitioner in this case. In view of this

submission of the learned Special Government Pleader for the

Revenue Department, the Registrar, Subordinate Judiciary will

ensure that the files and records relating to various cases

which were pending before the Munnar Special Tribunal have

been transferred to the concerned jurisdictional Civil Court.

Sd/-

GOPINATH P.

JUDGE DK

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PERMIT GRANTED BY THE 2ND RESPONDENT DATED 12/1/2015.

EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS NOW PENDING AS MTOP NO.75/2015 DATED 30/6/2015 BEFORE THE MUNNAR SPECIAL TRIBUNAL, MUNNAR.

EXHIBIT P3 A TRUE COPY OF THE COMMISSIONER'S REPORT AND PLAN IN IA NO.817/2015 IN EXT.P1 PROCEEDINGS DATED 6/8/2015.

RESPONDENTS' EXHIBITS:      NIL