Kadungallur Devaswam Trust vs The District Collector
2021 Latest Caselaw 9461 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                         WP(C).No.15076 OF 2014(H)

PETITIONER:

               KADUNGALLUR DEVASWAM TRUST
               REPRESENTED BY ITS SECRETARY, EAST KADUNGALLUR
               U.C.COLLEGE P.O, ALUVA-683 102, ERNAKULAM DISTRICT

               BY ADVS.
                      SRI.T.C.SURESH MENON
                      SRI.P.S.APPU
                      SRI.A.R.NIMOD
                      SRI.SANIL JOSE

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030

      2        THE KADUNGALLUR GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, MUPPATHADAM P.O. ALUVA
               683 110, ERNAKULAM DISTRICT.

      3        THE TAHSILDAR, (PARUR)
               TALUK OFFICE, NORTH PARUR, ALUVA-683 513,
               ERNAKULAM DISTRICT.

      4        MUHAMMED ANSARI

      5        RAMLA

      6        MUNEERA

      7        ASMA BEEVI

               RESPONDENTS 4 TO 7 ARE RESIDING AT KILIYANKAL VEEDU
               KAKKANAD, ERNAKULAM - 682 030.

               R4-7 BY ADV. SRI.P.A.ABDUL JABBAR
               SRI.DINESH MATHEW J.MURICKE-R2
               G.P-SMT REKHA C NAIR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)15076/2014                      2



                                  JUDGMENT

The petitioner has filed this writ petition challenging Ext.P2

building permit issued to respondents 4 to 7 by the second respondent-

panchayat and for consideration of Ext.P4 complaint by the 1 st respondent.

Respondents 4 to 7 have been issued with building permit for construction

of a commercial-cum-residential building in the land situated in

Sy.No.242/1B of Kadungallur Village, which, according to the petitioner,

includes a portion of 'poramboke' land. Ext.P4 is the complaint

submitted by the petitioner before the District Collector, Ernakulam for

taking steps to remove the encroachment on the said 'poramboke' land.

2. Respondents 4 to 7 have entered appearance in the writ petition

and contend that they have not encroached on any portion of 'poramboke'

land and the application for building permit was filed for construction of

building in their own property. Pursuant to a complaint, the Village

Officer has issued Ext.R4(j) stop memo to respondents 4 to 7 requiring

them to stop the construction and to recommence the same only after

fixing the boundary of the property by the Taluk Surveryor. Therefore,

according to respondents 4 to 7, no construction has been made pursuant

to Ext.P2 building permit.

3. The learned Government Pleader, on instructions, submits that

survey of the property in question had been ordered by the District

Collector, Ernakulam on 13.6.2014. However, no report has been placed

on record by the Taluk Surveyor.

The petitioner is aggrieved by the delay in disposal of Ext.P4

complaint submitted by them before the first respondent. The learned

counsel for respondents 4 to 7 also prays for a quietus to the issue as they

are not in a position to make any construction in the property due to the

issuance of stop memo by the Village Officer. Therefore, there will be a

direction to the first respondent to dispose of Ext.P4 complaint submitted

by the petitioner after hearing the petitioner, respondents 4 to 7 in their

representative capacity and also the panchayat. Necessary reports may be

called for, from the Taluk Surveyor. Orders as above shall be passed by

the District Collector, Ernakulam within a period of three months from

today. Without adverting to the merits of the matter, the writ petition is

disposed of with above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE EXTRACT OF THE 'PORAMBOKE' ASSET REGISTER MAINTAINED BY THE 2ND RESPONDENT PANCHAYATH DATED NIL

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT GRANTED BY THE 2ND RESPONDENT PANCHAYATH TO RESPONDENTS 4 TO 7 DATED 30-5-2012.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TRUST BEFORE THE CHIEF SECRETARY TO GOVERNMENT DATED 13-5-2014.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TRUST BEFORE THE 1ST RESPONDENT DATED 4-6-2014.

RESPONDENTS' EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF THE SALE DEED NO.2240/2002.

EXHIBIT R4(B) TRUE COPY OF THE TAX RECEIPT.

EXHIBIT R4(C) TRUE COPY OF THE TAX RECEIPT.

EXHIBIT R4(D) TRUE COPY OF THE TAX RECEIPT.

EXHIBIT R4(E) TRUE COPY OF THE SALE DEED NO.8624/1996.

EXHIBIT R4(F) TRUE COPY OF THE TAX RECEIPT.

EXHIBIT R4(G) TRUE COPY OF THE TAX RECEIPT.

EXHIBIT R4(H) TRUE COPY OF THE PURCHASE CERTIFICATE NO.447/76

EXHIBIT R4(I) TRUE COPY OF THE SKETCH OF THE PROPERTY OF THE RESPONDENTS 4 TO 7.

EXHIBIT R4(J) TRUE COPY OF THE NOTICE RECEIVED FROM THE VILLAGE OFFICER, KADUNGALLOOR.

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