Uthaman M.K vs State Of Kerala
2021 Latest Caselaw 671 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      WP(C).No.12942 OF 2020(P)


PETITIONERS:

      1        UTHAMAN M.K.
               AGED 53 YEARS
               S/O. KANDAYAN, MANIYILAPARAMBU HOUSE, KADAKKARA,
               EZHIKKARA P.O. KOCHI 683 513.

      2        SUNDHAPPAN,
               AGED 45 YEARS
               S/O. KANDAYAN, MANIYILAPARAMBU HOUSE, KADAKKARA,
               EZHIKKARA P.O. KOCHI 683 513.

      3        SADANANDAN.M.K.,
               AGED 54 YEARS
               S/O. KANDAYAN, MANIYILAPARAMBU HOUSE, KADAKKARA,
               EZHIKKARA P.O. KOCHI 683 513.

      4        RADHA.K.K.,
               AGED 64 YEARS
               W/O. KUNJAPPAN,, MANIYILAPARAMBU HOUSE, KADAKKARA,
               EZHIKKARA P.O. KOCHI 683 513.

      5        SAMEESH K.C,
               AGED 33 YEARS
               S/O. CHINNAN,
               KALLUCHIRA HOUSE KADAKKARA, EZHIKKARA P.O. KOCHI 683
               513.

      6        CHINNAN.K.K,
               AGED 64 YEARS
               S/O. KANNAN,
               KALLUCHIRA HOUSE,
               KADAKKARA, EZHIKKARA P.O. KOCHI 683 513.

      7        SATHYAN P.C.,
               S/O. CHATHAN, PERUNTHITTAPARAMBU HOUSE,
               KADAKKARA, EZHIKKARA P.O. KOCHI 683 513.

      8        PRASAD K.K.,
               S/O. KUMARAN, KARUTHAMPARAMBU HOUSE,
               KADAKKARA, EZHIKKARA P.O. KOCHI 683 513.

      9        BIJU M.K.,
 [ WP(C).12942/2020, WP(C).7137/2020 ]

                                  2

               AGED 43 YEARS
               S/O. KUNJAPPAN ,MANIYILAPARAMBU HOUSE,
               KADAKKARA, EZHIKKARA P.O. KOCHI 683 513.

               BY ADV. SRI.DENIZEN KOMATH

RESPONDENTS:

       1       STATE OF KERALA
               REP. BY ITS SECRETARY, LSGD SECRETARIAT, TRIVANDRUM
               695 001.

       2       DISTRICT COLLECTOR,
               COLLECOTRATE, CIVIL STATION, KAKKANAD, ERNAKULAM
               682 030.

       3       PARUR BLOCK PANCHAYAT,
               N. PARUR, KAITHARAM P.O. ERNAKULAM DISTRICT 683
               519, REP. BY IT SECRETARY.

       4       ASSISTNAT EXECUTIVE ENGINEER,
               LSGD SUB DIVISION, N. PARUR BLOCK PANCHAYAT N.
               PARUR 683 513.

       5       BLOCK DEVELOPMENT OFFICER,
               PARUR BLOCK PANCHAYAT, N. PARUR, KAITHARAM P.O.
               ERNAKULAM DISTRICT 683 519.

       6       TAHSILDAR ,
               (LAND RECORDS), TALUK OFFICE, NORTH PARAVUR 683
               513.

       7       REMA DEVI,
               W/O. HARIDAS, VALIYATHARA HOUSE, MANIYILAPARAMBIL,
               KADAKKARA, EZHIKKARA P.O. KOCHI 683 513.

                BY GOVERNMENT PLEADER
                BY ADV. SRI.K.R.VINOD


               BY ADV. SRI.S GOPINATHAN SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, ALONG WITH WP(C).7137/2020(N), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 [ WP(C).12942/2020, WP(C).7137/2020 ]

                                   3


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                       WP(C).No.7137 OF 2020(N)


PETITIONERS:

       1       REMADEVI
               AGED 52 YEARS
               W/O. HARIDAS, VALIYATHARA HOUSE, MANIYILAPARAMBIL,
               KADAKKARA, EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT.

       2       HARIDAS
               AGED 56 YEARS
               S/O. PADMANABHAN, VALIYATHARA HOUSE,
               MANIYILAPARAMBIL, KADAKKARA, EZHIKKARA, PARAVUR,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.K.R.VINOD
               SMT.M.S.LETHA
               KUM.K.S.SREEREKHA
               SRI.NABIL KHADER

RESPONDENTS:

       1       TALUK SURVEYOR
               TALUK SURVEY OFFICE, NORTH PARAVUR, ERNAKULAM, PIN-
               683 513.

       2       THE SECRETARY
               BLOCK PANCHAYATH, NORTH PARAVUR, ERNAKULAM, PIN-683
               513.

       3       ADDL.R3. SEENA,
               AGED 50, D/O. SUDHARMA, MANIYILAPARAMBIL,
               KADAKKARA, EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT,
               PIN-683513.

       4       ADDL. R4. GEETHA,
               AGED 46, D/O. SUDHARMA, MANIYILAPARAMBIL,
               KADAKKARA, EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT,
               PIN-683513.
 [ WP(C).12942/2020, WP(C).7137/2020 ]

                                  4

       5      ADDL. R5. BEENA,
              AGED 42, D/O. SUDHARMA, MANIYILAPARAMBIL,
              KADAKKARA, EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT,
              PIN-683513.

       6      ADDL.R6. BASHA,
              AGED 45, W/O.SHAJI(LATE),
              D/O. SUDHARMA, MANIYILAPARAMBIL, KADAKKARA,
              EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       7      ADDL. R7. ARJUN,
              AGED 21, S/O. SHAJ, MANIYILAPARAMBIL, KADAKKARA,
              EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       8      ADDL.R8.ABHIRAMI,
              AGED 19, D/O. SHAJI, MANIYILAPARAMBIL, KADAKKARA,
              EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       9      ADDL.R9. PRASAD,
              AGED 52 YEARS, S/O. KUMARAN, KARUTHAMPARAMBIL,
              KADAKKARA, EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT,
              PIN-683513.

       10     ADDL.R10. CHINNAN,
              AGED 60, S/O. KANNAN, KALLUCHIRA VEETIL, KADAKKARA,
              EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       11     ADDL. R11. SANEESH,
              AGED 38, S/O. KANNAN, KALLUCHIRA VEETIL, KADAKKARA,
              EZHIKKARA, PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       12     ADDL. R12. RADHA,
              AGED 60, W/O.KUNJAPPAN,
              MANIYILAPARAMBIL HOUSE, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       13     ADDL. R13. JIJI,
              AGED 40, D/O.KUNJAPPAN, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       14     ADDL. R14. BIJU,
              AGED 38, D/O.KUNJAPPAN, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       15     ADDL.R15. BINDU,
              AGED 36, D/O.KUNJAPPAN, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       16     ADDL. R16. SHANTHA,
 [ WP(C).12942/2020, WP(C).7137/2020 ]

                                  5

              AGED 72, W/O.KANDAYAN(LATE),
              MANIYILAPARAMBIL HOUSE, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       17     ADDL. R17. SADANANDAN,
              AGED 50, S/O.KANDAYAN,
              MANIYILAPPARAMBIL HOUSE, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       18     ADDL. R18. UTHAMAN,
              AGED 48, S/O. KANDAYAN,
              MANIYILAPPARAMBIL HOUSE, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       19     ADDL. R19. ANITHA,
              AGED 45, D/O. KANDAYAN,
              MANIYILAPPARAMBIL HOUSE, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

       20     ADDL. R20. SUNDAPPAN,
              AGED 43, S/O. KANDAYAN,
              MANIYILAPPARAMBIL HOUSE, KADAKKARA, EZHIKKARA,
              PARAVUR, ERNAKULAM DISTRICT, PIN-683513.

              ADDL. R3 TO R20 IS IMPLEADED AS PER ORDER DATED
              04.01.2021 IN I.A. NO.1/2020 IN WP(C) NO.
              7137/2020.

              GOVERNMENT PLEADER
              BY ADV. SRI.DENIZEN KOMATH
              BY ADV. SRI.S.GOPINATHAN SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, ALONG WITH WP(C).12942/2020(P), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 [ WP(C).12942/2020, WP(C).7137/2020 ]

                                      6




                               JUDGMENT

Dated this the 8th day of January 2021

These matters relate to the construction of side

wall in Scheduled Caste Colony availing benefit

under People's Planning Programme 2019-2020.

2. WP(C) No.7137 of 2020 was filed by

Remadevi and another alleging that measurement of

the property of the colony members have been taken

ignoring the proceedings before the Munsiff's Court,

North Paravur. They seek direction that side wall

shall not be constructed until measurement is

completed through the process of Munsiff's Court,

North paravur.

3. WP(C) No.12942 of 2020 was filed by

beneficiaries under the Peoples' Planning Programme

seeking a direction to the official respondents to

construct the sidewall protection works approved

under the Peoples' Planning Programme. A counter

affidavit was filed by the 6th respondent-Tahsildar. [ WP(C).12942/2020, WP(C).7137/2020 ]

In the counter affidavit filed by the Tahsildar it

is stated that boundary fixation of the property of

the beneficiaries is undertaken under the project

called "Maniyilaparambu SC Colony Parswabithi

Nirmanam"and necessary identification has been done

by the Taluk surveyor.

4. Remadevi and another want to protect their

rights in respect of the property belongs to them.

They can very well seek remedy before the Civil

Court. There is no scope for any interference by

this court at the instance of Remadevi and another

in public law. The dispute regarding the

measurement, right, interest etc of parties over the

property will have to be decided before an

appropriate forum. In such circumstances, I am of

the view that no relief can be granted to Remadevi

and another. Accordingly, WP(C) No.7137 of 2020 is

dismissed.

5. WP(C) No.12942 of 2020 is allowed directing

that necessary action shall be taken by the

authorities to construct the side wall in accordance

with law. However, it is made clear that it will [ WP(C).12942/2020, WP(C).7137/2020 ]

be subject to any challenge made by Remadevi and

another before the Civil Court.

Sd/-

A.MUHAMED MUSTAQUE SAS/08/01/2021 JUDGE [ WP(C).12942/2020, WP(C).7137/2020 ]

APPENDIX OF WP(C) 12942/2020 PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE NOC GRANTED BY THE ASSISTANT EXECUTIVE ENGINEER IRRIGATION DEPARTMENT, ERNAKULAM DATED 11.11.2019, VIDE REF NO. A3-1126/2019.

EXHIBIT P2 TRUE PHOTOCOPY OF THE SANCTION ACCORDED BY THE EZHIKKARA GRAMA PANCHAYAT DATED 28.05.2019 VIDE REF.NO. 20(10).

EXHIBIT P3 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 7TH RESPONDENT DATED 22.10.2019.

EXHIBIT P4 TRUE PHOTOCOPY OF THE IMPUGNED REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 9.12.2019.

EXHIBIT P5 TRUE PHOTOCOPY OF THE LOCATION SKETCH RELATING TO MANIYILAPARAMBU SCHEDULED CASTE COLONY SIDE PROTECTION.

EXHIBIT P6 TRUE PHOTOCOPY OF THE INTIMATION ISSUED FROM THE 3RD RESPONDENTS OFFICE TO THE VILLAGE OFFICER, EZHIKKARA DATED 13.12.2019.

EXHIBIT P7 TRUE PHOTOCOPY OF THE REPLY GIVEN BY THE VILLAGE OFFICER TO 3RD RESPONDENT DATED 16.12.2019.

EXHIBIT P8 TRUE PHOTOCOPY OF THE INTIMATION ISSUED FROM THE OFFICE OF 3RD RESPONDENT TO THE LEARNED GOVERNMENT PLEADER , N. PARUR DATED 13.12.2019 AND 18.12.2019.

EXHIBIT P8 (A) TRUE PHOTOCOPY OF THE INTIMATION ISSUED FROM THE OFFICE OF 3RD RESPONDENT TO THE LEARNED GOVERNMENT PLEADER, N. PARUR, DATED 18.12.2019.

EXHIBIT P9 TRUE PHOTOCOPY OF THE LEGAL OPINION DATED 11.2.2020 GIVEN BY THE LEARNED GOVERNMENT PLEADER, N. PARUR VIDE REF. NO. A1-150/20 TO THE 3RD RESPONDENT.

EXHIBIT P10 TRUE PHOTOCOPY OF THE REQUEST MOVED BY THE 3RD RESPONDENT BEFORE THE TALUK SURVEYOR, [ WP(C).12942/2020, WP(C).7137/2020 ]

PARUR DATED 15.2.20 VIDE REF.NO. C. 1972/19.

EXHIBIT P11 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE TALUK SURVEYOR, NORTH PARUR DATED 25.2.20 TO THE 3RD RESPONDENT.

EXHIBIT P12 TRUE PHOTOCOPY OF THE FORWARDING LETTER ALONG WITH AN INTERIM ORDER OF THIS HONBLE COURT.

EXHIBIT P13 TRUE PHOTOCOPY OF THE LETTER DATED 7.3.20 ISSUED FROM THE ORDER OF TAHSILDAR (LAND RECORDS), DATED 73.20 TO THE 3RD RESPONDENT.

EXHIBIT P14 TRUE PHOTOCOPY OF THE LETTER DATED 20.3.20 ISSUED FROM THE OFFICE OF 4TH RESPONDENT TO THE 3RD RESPONDENT VIDE REF.NO.

AEE/LSGD/NPR/2019.

RESPONDENTS' EXHIBITS: NIL [ WP(C).12942/2020, WP(C).7137/2020 ]

APPENDIX OF WP(C) 7137/2020 PETITIONERS' EXHIBITS:

EXHIBIT P1 THE COPY OF THE PLAINT IN O.S.NO.396/2018 ON THE FILES OF THE MUNSIFF'S COURT, NORTH PARAVUR.

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DATED 25.2.2020 ABOUT THE PROPOSED MEASUREMENT DATED 2.3.2020.

EXHIBIT P3 THE COPY OF THE OBJECTION SENT BY THE IST PETITIONER TO EXT.P2 NOTICE.

RESPONDENTS' EXHIBITS:-    NIL
                                                   //TRUE COPY//
                                                   P.A. TO JUDGE