M.Balamuruga Ganesh vs The District Collector
2021 Latest Caselaw 2872 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                      WP(C).No.11454 OF 2020(F)


PETITIONERS:

      1        M.BALAMURUGA GANESH
               AGED 29 YEARS
               S/O.M. MURUGAN, DURGA SHAKTHI BHAVAN, OLD LAKSHAM
               COLONY, MUNNAR, IDUKKI-685612.

      2        S. GANESAN
               AGED 45 YEARS
               S/O. SUBHAYYA., M.G. ROAD, MUNNAR-685612.

               BY ADVS.
               SRI.K.REGHU KOTTAPPURAM
               SRI.R.MAHESH (KOTTAPPURAM)
               SRI.MURUKESH REGHU
               SMT.DHANUJA M.S

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               IDUKKI DISTRICT, PAINAVU, IDUKKI-685603.

      2        THE SUB COLLECTOR,
               DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT-685613.

      3        THE TAHSILDAR,
               DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT-685613.

      4        THE VILLAGE OFFICER,
               MUNNAR VILLAGE, MUNNAR, IDUKKI DISTRICT-685612.

      5        THE SECRETARY
               MUNNAR GRAMA PANCHAYATH, MUNNAR, IDUKKI DISTRICT-
               685612.

               R5 BY SRI.ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT
               ARUN THOMAS SC MUNNAR GRAMAPANCHAYATH
               K J MOHAMED ANZAR SPL GP REVENUE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11454 OF 2020

                                       2


                                JUDGMENT

Dated this the 27th day of January 2021

This writ petition is filed seeking the following reliefs:

"(i) Issue a writ of Mandamus or any other appropriate writ direction the respondents 2 to 5 to restore the shop buildings of the petitioners as per building tax receipts and possession certificate vide Exhibits P2, P3, P7 & P8 issued by Munnar Grama Panchayath to the original state.

(ii) Issue a Writ of Mandamus or any other appropriate writ directing the respondents not to dispossess the petitioners under coercion, threat and intimation.

(iii) Issue any other appropriate writ deemed fit and proper in the circumstances of the case by this Honourable Court in the interest of justice."

2. The brief facts are that the petitioners are engaged in

sale of flowers in bunk shops established in areas permitted by

the Munnar Grama Panchayath, as part of rehabilitation of shops

which got gutted in a fire in Munnar Town in the year 1986. It is

stated that the predecessors in interest of the petitioners were

conducting the shops since 1954.

3. It is also stated that the shop room having an extent

of 200 links (8 Sq.ms) in respect of each of the petitioners. It is

stated that during the lockdown, imposed as a result of the

Covid-19 pandemic, the petitioners approached Panchayath WP(C).No.11454 OF 2020

seeking permission to change the roof the bunk shop, and under

the guise of the permission granted by the Panchayath, the

petitioners extended the area of the shops. As a result action was

taken by the Traffic Advisory Committee of the Munnar town to

clear the encroached area.

4. The learned counsel for the petitioners vehemently

submits that no permanent construction was put up by the

petitioners.

5. The learned Special Government Pleader for the

Revenue Department contends that misusing the permission

granted by the Panchayath to replace the roofing, petitioners had

affected some semi permanent constructions encroaching the

road area. He submitted that authorities were forced to take

action on account of the same.

6. The learned counsel for the petitioners submits that

they may be permitted to continue their business of selling flower

in the area allocated to them. He undertakes that they will not

extend the bunk shop beyond the area allocated to them, and

they will strictly abide by the conditions imposed by the

authorities.

WP(C).No.11454 OF 2020

In the light of the fact situation noticed above, this writ

petition will stand disposed of with the following directions:

The Secretary of Munnar Grama Panchayath, will cause an

inspection on the area in question and demarcate the area where

the petitioners can be allowed to continue with their business of

selling flowers. This shall be done within a period of one month

from the date of receipt of a copy of this judgment. The

petitioners shall thereafter be permitted to continue with their

bunk shop in the area so demarcated by the Secretary of the

Munnar Grama Panchayath. It is also made clear that the

petitioners shall not put up any sort of permanent or semi

permanent constructions in the permitted area and shall comply

with all conditions that may be imposed by the Secretary of the

Grama Panchayath.

Sd/-

GOPINATH P.

VPK JUDGE WP(C).No.11454 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE NO.175/98 DATED 16.01.1998 ISSUED BY THE VILLAGE OFFICER, MUNNAR.

EXHIBIT P2 THE PHOTOSTAT COPY OF THE OWNERSHIP CERTIFICATE NO.A2-1305(1)/15 DATED 24.01.2015.

EXHIBIT P3 THE PHOTOSTAT COPY OF THE OWNERSHIP CERTIFICATE VIDE NO.A4-3662/19 DATED 17.06.2019 IN RESPECT OF BUILDING NO.XIX/676 UA.

EXHIBIT P4 THE PHOTOSTAT COPY OF THE CASH RECEIPT DATED 22.05.2020 ISSUED BY MUNNAR GRAMA PANCYAHTH

EXHIBIT P5 THE PHOTOSTAT COPY OF THE CASH RECEIPT DATED 27.11.2019 EVIDENCING PAYMENT OF D AND O TRADE LICENSE FEE.

EXHIBIT P6 THE PHOTOSTAT COPY OF LETTER NO.A3-5697/19 DATED 17.08.2019 ISSUED BY MUNNAR GRAMA PANCHAYATH.

EXHIBIT P7 THE PHOTOSTAT COPY OF OWNERSHIP CERTIFICATE NO.A4-5695/19 DATED 26/08/2019 ISSUED BY MUNNAR GRAMA PANCHAYATH.

EXHIBIT P8 THE PHOTOSTAT COPY OF THE BUILDING TAX CASH RECEIPT DATED 22/05/2020 ISSUED BY MUNNAR GRAMA PANCHAYATH.

EXHIBIT P9 THE PHOTOSTAT COPY OF LATTER NO. A3-5695/19 DATED 19.08.2019 ISSUED BY MUNNAR GRAMA PANCHAYATH

EXHIBIT P10 THE PHOTOSTAT COPY OF THE PHOTO PRINTS SHOWING THE LIE AND LOCATION OF THE BUILDING.