Kerala High Court
Arun Prabhakaran vs The Tahsildar on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 28741 OF 2019
PETITIONER/S:
ARUN PRABHAKARAN,
S/O.LATE N.PRABHAKARAN PILLAI, AJITHA BHAVAN,
KUDAMALOOR, KOTTAYAM.
BY ADV LIJI.J.VADAKEDOM
RESPONDENT/S:
1 THE TAHSILDAR,
OFFICE OF TAHSILDAR, FIRST FLOOR, MINI CIVIL STATION,
UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM, KERALA-686000.
2 THE VILLAGE OFFICER,
AYMANAM VILLAGE OFFICE, KUDAYAMPADI-PARIPU RD.,
AYAMANAM, KOTTAYAM-686015.
3 AYMANAM GRAMA PANCHAYATH,
OFFICE OF GRAMA PANCHAYATH, KUDAYAMPADI-PARIPPU RD.,
AYMANAM, KOTTAYAM-686015, REPRESENTED BY ITS SECRETARY.
4 THE SECRETARY,
AYMANAM GRAMA PANCHAYATH, OFFICE OF GRAMA PANCHAYATH,
KUDAYAMPADI, PARIPPU RD., AYMANAM, KOTTAYAM-686015.
5 SRI.RAMESAN,
S/O.MANNUVALI GOPALAN, MANNUVALI HOUSE, KUDAMALOOR,
KOTTAYAM-686017.(*CORRECTED)
(*'SRI.RAMESAN.M.G., S/O.MANNUMALIL GOPALAN,
MANNUMALIL HOUSE, KUDAMALOOR, KOTTAYAM-686017'.
THE ADDRESS OF 5TH RESPONDENT IS CORRECTED AS PER ORDER
DATED 29.11.2019 IN IA.02/2019.)
*6 ADDL. R6. REGHUNATHAN M.G.,
S/O. MANNUMALIL GOPALAN, MANNUMALIL HOUSE,
KUDAMALOOR, KOTTAYAM-686017.
(ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED
17/12/2019 IN IA 01/2019)
WP(C) NO. 28741 OF 2019 ..2..
*7 GEORGE K.U., KOCHUPARAMBIL HOUSE, KUDAMALOOR PO,
KOTTAYAM DISTRICT, PIN-686 017
(*ADDITIONAL R7 IS IMPLEADED AS PER ORDER DATED
12.07.2021 IN I.A.No.1/2021)
BY ADVS.
R1-R2 BY GP SRI.MANURAJ
R3-R4 BY ADV.SRI.SURIN GEORGE IPE
R5-R6 BY ADV.SRI.N.RADHAKRISHNAN
R5-R6 BY ADV.SMT.GIRIJA L.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28741 OF 2019 ..3..
JUDGMENT
The petitioner claims to be the owner in possession of
an extent of 18.459 cents of land in Aymanam Village of
Kottayam Taluk. The case of the petitioner is that the public
way leading to the petitioner's property is encroached by the
5th respondent and additional respondents 6 and 7. The
petitioner submits that he had submitted Exts.P6 and P8
representations before the 4th respondent. However, the
Panchayath has not taken any steps to remove the illegal
encroachment made in the public pathway. Accordingly, the
petitioner has filed this writ petition with the following
prayers:
i. Issue a writ, order or direction in the
nature of Mandamus commanding the
Respondent Nos. 3 & 4 to forthwith take action
on Exhibits P6, P7 and P8 and to remove the
illegal encroachment on the public pathway; and
ii. Issue a writ, order or direction in the
nature of Mandamus commanding the
Respondent Nos. 3 & 4 to take further action as
mandated under law to remove the unauthorised
WP(C) NO. 28741 OF 2019 ..4..
encroachment, within a timeframe to be
stipulated by this Hon'ble Court; and
iii. Pass such any other direction, order or
reliefs, as this Hon'ble Court may deem fit in the
interest of justice, equity and good conscience.
2. Heard the learned Counsel for the petitioner, learned
Government Pleader and the learned Counsel appearing for
the respondents.
3. Both parties agreed that the issue involved in this
writ petition can be given a quietus by directing the 4th
respondent to consider and dispose of Exts.P6 and P8
representations, after hearing the petitioner and all other
respondents, including the 5th respondent and additional
respondents 6 and 7 and after going through the relevant
revenue records. In the nature of the order, I am proposing
to issue, notice to the additional 7th respondent, who is
impleaded today by order in I.A.No.1/2021 is dispensed
with.
WP(C) NO. 28741 OF 2019 ..5..
4. There will be a direction to the 4th respondent to
consider and pass appropriate orders on Exts.P6 and P8
representations, after notice to the concerned Village
Officer, the 5th respondent and the additional respondents 6
and 7 and after hearing them with reference to the relevant
revenue records. The petitioner shall produce a copy of the
writ petition with all exhibits before the 4th respondent and
the 4th respondent shall pass orders on Exts.P6 and P8
representations, within a period of 8 weeks from the date of
receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB/13/07/2021
WP(C) NO. 28741 OF 2019 ..6..
APPENDIX OF WP(C) 28741/2019
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE PHOTOCOPY OF THE SITE PLAN ISSUED BY THE 2ND
RESPONDENT DATED 5.1.2006.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER TO THE 4TH RESPONDENT DATED 10.11.2012.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE REPORT OBTAINED FROM THE
OFFICE OF THE DEPUTY TAHSILDAR (LRM) UNDER THE
RIGHT TO INFORMATION ACT.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER DATED 1.11.2014.
EXHIBIT P6 A TRUE PHOTOCOPY OF THE COMPLAINT DATED 24.11.2014
SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT DATED 27.10.2014.
EXHIBIT P8 A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER TO THE 3RD AND 4TH RESPONDENTS DATED
23.10.2019.
EXHIBIT P9 A COPY OF THE SURVEY MAP SHOWING THE PROPERTIES IN
509/26 AND 509/43 IN BLOCK NO.7 OF AYMANAM VILLAGE.
EXHIBIT P9(A) THE RELEVANT EXTRACT OF THE BASIC TAX REGISTER OF
THE PROPERTY IN SURVEY NO.509/3 OF AYMANAM VILLAGE
EXHIBIT P9(B) THE RELEVANT EXTRACT OF THE BASIC TAX REGISTER OF
THE PROPERTY IN SURVEY NO.509/26 AND 509/43 OF
AYMANAM VILLAGEOF AYMANAM VILLAGE
EXHIBIT P10 THE COPY OF THE RELEVANT EXTRACT OF THE ASSET
REGISTER OF THE 3RD RESPONDENT AYMANAM GRAMA
PANCHAYAT.
//true copy // P.A To Judge
