Kerala High Court
Ananda Selvi vs State Of Kerala on 21 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
WP(C).No.38463 OF 2015(G)
PETITIONER:
ANANDA SELVI
AGED 46 YEARS
W/O.P.RAMESH KUMAR, AND D/O.LATE G.VAIKUNDAM,
1394/X, IKKA NAGAR, MUNNAR - 685 612.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE MUNNAR GRAMA PANCHAYATH
REP. BY ITS SECRETARY, MUNNAR P O,
IDUKKI DISTRICT - 685 612.
3 THE KANNAN DEVAN HILLS PLANTATIONS COMPANY
PRIVATE LIMITED, K.D.H.P. HOUSE, MUNNAR,
IDDUKKI - 685 612.
4 MUTHUMAL SELVI
AGED 42,
W/O.G.MOHAN, ANANTHA BHAVAN, SETTLEMENT COLONY, MUNNAR -
685 612.
R3 BY ADVS. SRI.V.ABRAHAM MARKOS
SRI.ABRAHAM JOSEPH MARKOS
SRI.BINU MATHEW
SRI.ISAAC THOMAS
SRI.NOBY THOMAS CYRIAC
SRI.TOM THOMAS KAKKUZHIYIL
R4 BY ADVS. SRI.K.I.MAYANKUTTY MATHER
KUM.NARAYANI HARIKRISHNAN
SRI.SUMAN CHAKRAVARTHY
R1 BY SRI K J MOHAMMED ANZAR, SPL GP, REVENUE,
R2 BY SRI ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYATH
SRI. SANTHOSH MATHEW, SC, MUNNAR GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.01.2021,
ALONG WITH WP(C).21144/2016(P), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.38463/2015 & 21144/2016
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
WP(C).No.21144 OF 2016
PETITIONER:
ANANDA SELVI
AGED 46, W/O P. RAMESH KUMAR, AND D/O LATE G VAIKUNDAM,
1394/X, IKKA NAGAR, MUNNAR-685 612
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM - 695 001
2 THE MUNNAR GRAMA PANCHAYATH
REP. BY ITS SECRETARY, MUNNAR P O.,
IDDUKKI DISTRICT-685612.
3 THE KANNAN DEVAN HILLS
PLANTATIONS COMPANY PRIVATE LIMITED,
K.D.H.P HOUSE, MUNNAR, IDDUKKI-685612.
4 MUTHUMAL SELVI, AGED 42, W/O.G.MOHAN,
ANANTHA BHAVAN,
SETTLEMENT COLONY, MUNNAR-685612.
R3 BY ADVS. SRI.V.ABRAHAM MARKOS
SRI.ABRAHAM JOSEPH MARKOS
SRI.GOVIND VIJAYAKUMARAN NAIR
SRI.HARAN THOMAS GEORGE
SRI.ISAAC THOMAS
SRI.NOBY THOMAS CYRIAC
R4 BY ADVS. SRI.K.I.MAYANKUTTY MATHER
KUM.NARAYANI HARIKRISHNAN
R1 BY SRI K J MOHAMMED ANZAR, SPL GP, REVENUE,
R2 BY SRI ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYATH
SRI. SANTHOSH MATHEW, SC, MUNNAR GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.01.2021, ALONG WITH WP(C).38463/2015(G), THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.38463/2015 & 21144/2016
3
JUDGMENT
[ WP(C).38463/2015 and WP(C).21144/2016 ]
Dated this the 21st day of January 2021
These two writ petitions have been filed by one
Ananda Selvi. In W.P(C)No.38463 of 2015 she challenged a
communication issued by the Kannan Devan Hills Plantations
Company Private Limited (which company is distributing
electricity in that area) that the electric connection to the building
bearing No.X/1394 will be withdrawn on account of the fact that
the Building Tax Assessment has been cancelled by the Munnar
Grama Panchayat. In W.P.(C)No.21144 of 2016, the petitioner has
challenged Ext.P7, which is the copy of a communication from the
Secretary of the Munnar Grama Panchayat to the Engineering
Wing, Kannan Devan Hills Plantations Company Private Limited
intimating that the building bearing No.X/1394 has been removed
from the Register of unauthorized buildings which had been
assessed to building tax. It is this communication that lead to the
issuance of Ext.P5 in W.P.(C)No.38463 of 2015.
2. Though it is not discernible from Ext.P7 in W.P(C)
No.21144 of 2016, any reason which prompted the Panchayat to
WP(C) Nos.38463/2015 & 21144/2016
remove building No.X/1394 from the Building Tax Register of
unauthorized constructions, from the pleadings in the writ
petition it appears there is a civil dispute between the petitioner
and 4th respondent regarding the right of possession over the
property in question, I am of the view that the matter has to be
decided by the competent Civil Court and pending adjudication of
the dispute between the petitioner and the 4th respondent, the
order issued by the Panchayat (Ext.P7) cannot be enforced.
Consequently Ext.P5 communication in W.P.(C)No.38463 of 2015
issued by the Kannan Devan Hills Plantation Company Limited
regarding disconnection of electric supply, which is issued based
on Ext.P7 in W.P.(C)No.21144 of 2016 shall not be enforced. The
rights of the petitioner and the 4th respondent shall be governed
by the judgment and decree of the Civil Court in pending civil
proceedings.
3. The learned Special Government Pleader for
Revenue submits that most of the properties such as that is
claimed by the petitioner in these writ petitions is actually land
over which they have no right of possession or ownership. This is
a matter to be decided in appropriate proceedings that should be
initiated by the Government for recovery of such lands.
WP(C) Nos.38463/2015 & 21144/2016
Without expressing any opinion on that issue, these
writ petitions are ordered as above making it clear that this
judgment shall not be read as prohibiting any action under law by
the Revenue Department to recover any land which, in its opinion
is in illegal possession of the petitioner / 4th respondent.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) Nos.38463/2015 & 21144/2016
APPENDIX OF WP(C) 38463/2015
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE PROVIDED
BY THE VILLAGE OFFICER, DEVIKOLAM DATED
5.7.1996
EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE ISUED BY
THE SECOND RESPONDENT DATED 4.3.2015
EXHIBIT P3 A TRUE OCPY OF THE COMMUNICATION DATED
14.7.2015 OF THE THIRD RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE VOUCHER ISSUED BY THE
THIRD RESPONDENT DATED 14.7.2015
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION OF THE
FOURTH RESPONDENT DATED 7.12.2015
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 6/6/2015
EXHIBIT R4(B) TRUE COPY OF THE ORDER DATED 26/6/2015
IN IA NUMBER 792/2015 IN MTOP NUMBER
72/2015AL
WP(C) Nos.38463/2015 & 21144/2016
APPENDIX OF WP(C) 21144/2016
PETITIONER'S EXHIBITS:
EXHIBIT P1: A TRUE COPY OF THE CERTIFICATE PROVIDED BY
THE VILLAGE OFFICER, DEVIKOLAM DATED
5.7.1996.
EXHIBIT P2: A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE SECOND RESPONDENT DATED 4.3.2015.
EXHIBIT P3: A TRUE COPY OF THE COMMUNICATION DATED
14.7.2015 OF THE THIRD RESPONDENT.
EXHIBIT P4: A TRUE COPY OF THE VOUCHER ISSUED BY THE
THIRD RESPONDENT DATED 14.7.2015.
EXHIBIT P5: A TRUE COPY OF THE DOCUMENT BEARING NO.736
OF 2001 DATED 17.03.2001 OF THE DEVIKULOM
S .R.O.
EXHIBIT P6: A TRUE COPY OF THE COMMUNICATION OF THE
FOURTH RESPONDENT DATED 7.12.2015.
EXHIBIT P7: A TRUE COPY OF THE COMMUNICATION OF THE
SECOND RESPONDENT DATED 21.8.2015.
RESPONDENTS' EXHIBITS: NIL
