Kerala High Court
Radhakrishna Pillai vs State Of Kerala on 1 July, 2021
WP(C) NO. 4300 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 4300 OF 2021
PETITIONER/S:
1 RADHAKRISHNA PILLAI
AGED 59 YEARS
S/O.LATE BHASKARAN PILLAI, PULLAMPALLIL-KRISHNAHARI,
KUNNATHUR EAST P.O., KUNNATHUR VILLAGE, SASTHAMKOTTA,
KOLLAM - 690 540
2 VASANTHI AMMA
AGED 78 YEARS
W/O.LATE BHASKARAN PILLAI, PULLAMPALLIL,
KUNNATHUR EAST P.O., KUNNATHUR VILLAGE,
SASTHAMKOTTA, KOLLAM 690 540
BY ADV B.MOHANLAL
RESPONDENT/S:
1 STATE OF KERALA
REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, CUTCHERY P.O., KOLLAM 691 019
3 THE TAHASILDAR
TALUK OFFICE, KUNNATHUR P.O., KOLLAM 690 519
4 THE VILLAGE OFFICER
KUNNATHUR VILLAGE, KUNNATHUR P.O., KOLLAM 690 519
5 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, BEACH ROAD, KOLLAM 691 001.
6 THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, KARUNAGAPPALLY,
KARUNAGAPPALLY P.O., KOLLAM 690 518
WP(C) NO. 4300 OF 2021 2
7 THE ASSISTANT ENGINEER
PUBLIC WORKS DEPARTMENT, SASTHAMCOTTAH,
SASTHAMCOTTAH P.O., KOLLAM 690 520
8 THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, KOTTARAKKARA, KOTTARAKKARA
P.O., KOLLAM 691 546.
SMT VIDHYA A.C, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4300 OF 2021 3
JUDGMENT
The 1st petitioner is the son of the 2nd petitioner. The petitioners state
that the 1st petitioner is the owner in title, possession and enjoyment of 1.40
Ares of property comprised in Re-Sy.No.400/16 in Block No.16 of the
Kunnathoor Village. It is on the strength of Settlement Deed No.4472/1995 of
the Sasthamcotta Sub Registry that he obtained title over the property. He has
effected mutation in his favour and has been paying tax as evident from
Exhibit-P1. Late Sri Bhaskaran, the husband of the 2nd petitioner was the
absolute owner in title and possession of property having an extent of 8.19
Ares, falling in Re-Sy.No.400/5 in Block No.16 of the Kunnathoor Village. He
assigned a portion of his property to his son Sri Sivasankara Pillai, and he was
left with 6.67 Ares, which is now being enjoyed by the 2nd petitioner as the
wife and legal heir. To substantiate the said fact, the petitioners rely on Exhibit
P1(a) receipt.
2. The petitioners contend that the respondents are now asserting
that the petitioners have encroached upon road poramboke and put up
constructions. According to the petitioners there is not even a speck of truth in
the said allegation. When steps were taken to demolish the constructions put
up by the petitioners, the 1st respondent lodged Ext.P5 complaint before the
higher authorities. However no action was taken. It is contended that the
petitioners and their family are under a threat of eviction and demolition of the
structures put up by them in the properties covered under Exts.P1 and P2. It
is in the afore circumstances that they have approached this Court seeking the
following reliefs:
i) To call for the records leading to the proceedings from the
Respondents 5 to 8 and issue a writ of certiorari or other appropriate writ,
order or direction quashing the proceedings of the Respondents to evict
the petitioners from 1.40 and 6.67 Ares of property comprised in Re-
Sy.No.400/16 and 400/5 in Block No.16 of Kunnathur Village and to
demolish the Building No:13/674, 13/693, 13/661, 13/662, 13/663,
13/664 and No:13/659 of Kunnathur Grama Panchayath covered as per
Ext.P1 to P2(a).
ii) to issue a writ of mandamus or other appropriate order or direction
commanding the Respondents not to evict the petitioners from 1.40 and
6.67 Ares of property comprised in Re-Sy.No:400/16 and 400/5 in Block
No:16 of Kunnathur Village and not to demolish the Building No:13/674,
13/693, 13/661, 13/662, 13/663, 13/664 and No:13/659 of Kunnathur
Grama Panchayath covered as per Ext.P1 to P2(a).
iii) To declare that the petitioners are entitled to continue occupation and
enjoyment of 1.40 and 6.67 Ares of property comprised in Re-Sy
No:400/16 and 400/5 in Block No:16 of Kunnathur Village and the
Building No:13/674, 13/693, 13/661, 13/662, 13/663, 13/664 and
No:13/659 of Kunnathur Grama Panchayath covered as per Ext.P1 to
P2(a).
iv) To issue a writ of mandamus or other appropriate order or direction
commanding the Respondents 6 and 8 to consider and dispose of Ext.P5
within a stipulated time as directed by this Hon'ble Court and not to evict
the petitioners from 1.40 and 6.67 Ares of property comprised in Re-Sy
No:400/16 and 400/5 in Block No:16 of Kunnathur village and not to
demolish the Building No:13/674, 13/693, 13/661, 13/662, 13/663,
13/664 and No:13/659 of Kunnathur Grama Panchayath covered as per
Ext.P1 to P2(a)
3. As directed by this Court, a statement has been filed by the 8th
respondent. It is stated that the petitioners are residing on the sides of the
Kottarakkara - Sasthamcotta Road, the widening of which has been included in
the KIFBI Project of 2016-2017. As part of road widening, a survey was
conducted by the Tahsildar, Kunnathoor and the road boundary was
demarcated and survey stones were planted. Immediately thereafter, the
encroachers were put on notice and they were shown the actual boundary and
the extent of encroachment carried out by them. It is further stated that when
the property of the petitioners was surveyed and demarcated by the 3rd
respondent, it was noticed that the petitioners had constructed car porch and
had extended their building portions to the road puramboke. In paragraph 6
of the Statement, it is stated thus:
"It is submitted that, as survey was conducted in the year, 2019 the
Hon'ble Court may be pleased to issue necessary directions to Revenue
Authorities to demarcate the boundary of the said portion of PWD Road
"Kottarakkara - Sasthamkotta after issuing notice to the encroachers
and effected (sic). This respondent will evict encroachment only in
accordance with the provisions of Kerala Highway Protection Act &
Kerala Land Conservancy Act, 1919"
4. I have considered the submissions advanced. Admittedly, no
notice has been issued to the petitioners either under the Highway Protection
Act or under the Land Conservancy Act. Now that the respondents have
undertaken in their statement that a fresh survey would be conducted in the
presence of the petitioners taking note of their title deeds and other records, I
am of the view that necessary directions can be issued so that the entire
controversy is resolved.
Resultantly, this writ petition is disposed of with the following directions:
(a) Within a period of two weeks from today, notice shall be issued to
the petitioners and the affected parties, if any, by the 3rd respondent
informing the specific date on which their property would be measured
to ascertain whether the petitioners have encroached upon the road
puramboke and put up structures.
(b) The petitioners shall produce their title deeds, possession
certificates, site plan, sketch etc. which was submitted by them at the
time of construction of the building.
(c) The respondents shall conduct a survey and demarcate the
property on the strength of the revenue records and survey plan after
perusing the records made available by the petitioners. The entire
exercise shall be completed within a period of two months. If it is
found that the petitioners have encroached upon portions of road
puramboke, the respondents shall issue appropriate notice under the
relevant statute and proceed strictly in adherence with law.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 4300/2021
PETITIONERS EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED
26.6.2020 ISSUED BY THE 4TH RESPONDENT IN
RESPECT OF THE PROPERTY OF THE 1ST
PETITIONER FOR THE PERIOD 2020-2021
EXHIBIT P1(A) THE TRUE COPY OF THE LAND TAX RECEIPT DATED
1.7.2020 ISSUED BY THE 4TH RESPONDENT TO
THE 2ND PETITIONER FOR THE PERIOD 2020-2021
IN RESPECT OF THE PROPERTY.
EXHIBIT P2 THE TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 14.2.2021 ISSUED BY THE SECRETARY,
KUNNATHUR GRAMA PANCHAYATH TO THE 1ST
PETITIONER, FOR THE PERIOD 2020-2021
EXHIBIT P2 (A) THE TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 21.1.2021 ISSUED BY KUNNATHUR GRAMA
PANCHAYATH TO THE 2ND PETITIONER, IN THE
NAME OF HER HUSBAND SRI. BHASKARAN PILLAI.
EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE DATED
11/6/2018 ISSUED BY THE BRANCH MANAGER,
S.B.I., KOTTARAKKARA TO THE 1ST PETITIONER.
EXHIBIT P4 THE TRUE PHOTOGRAPH OF THE BUILDING OF THE
PETITIONERS HAVING ACCESS TO THE P.W.D ROAD
KOTTARAKKARA BHARANIKAVU SASTHAMCOTTAH
EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT DATED
13.2.2021 FILED BY THE 1ST PETITIONER
BEFORE THE MINISTER FOR P.W.D. AND THE
RESPONDENTS 5 TO 8 AND ITS POSTAL RECEIPTS.
RESPONDENTS EXHIBITS:NIL
