Seenamol K.V vs Manancherry Village Panchayat
2021 Latest Caselaw 12506 Ker

W.P(c).No.11323/2021-M                    1

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                         THE HONOURABLE SMT. JUSTICE P.V.ASHA

          THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943

                               WP(C) NO. 11323 OF 2021

PETITIONER:

 SEENAMOL K.V., AGED 52 YEARS,
 D/O RADHA, THUPPASSERIL, KOMALAPURAM VILLAGE, VADAKKAN ARYAD MURI,
 MANNANCHERRY GRAMA PANCHAYAT, WARD NO X11, MANNANCHERRY P.O,
 AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, PIN-688 538.
 BY ADVS V.N.SANKARJEE

RESPONDENTS:

 1.MANNANCHERRY VILLAGE PANCHAYAT
 MANNANCHERRY P.O. AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, PIN-688 538
 REPRESENTED BY ITS SECRETARY.

 2. THE SECRETARY, MANNANCHERRY VILLAGE PANCHAYAT, MANNANCHERRY P.O,
 AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, PIN-688 538.

 3. THE DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, PIN-688 001,
 ALAPPUZHA DISTRICT.

 4. THE TAHSILDAR,
 AMBALAPPUZHA TALUK, TALUK OFFICE, KIDANGAMPARAMP ALAPPUZHA DISTRICT,
 PIN-688013.

 5. THE VILLAGE OFFICER, KOMALAPURAM, AIKYABHARATHAM,
 ALAPPUZHA DISTRICT, PIN-688 521.


 STANDING COUNSEL SRI V.K.BALACHANDRAN
 SR.GOVERNMENT PLEADER SRI K.P.HARISH


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.05.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.11323/2021-M                          2




                                        P.V.ASHA, J.
                                      ---------------------------
                                 W.P.(C) No.11323 of 2021-M
                                    -----------------------------
                               Dated this the 20th day of May, 2021

                                        JUDGMENT

The petitioner is aggrieved by Ext.P9 proceedings issued under Rule 11 of Kerala

Land Conservancy Act directing the petitioner to give vacant possession of 0.79 Ares of

his property in Survey No.127 of Komalapuram Village within a period of 15 days. It is

stated that Ext.P9 proceedings were preceded by Ext.P7 show cause notice issued under

Section 12 of the Act to which the petitioner submitted Ext.P8 representation along with

various documents. However, it is pointed out by the petitioner that the show cause notice

Ext.P7 was not served on him in time and he could not submit explanation to the same on

or before 29.03.2021, the date specified in Ext.P7 notice for submitting explanation.

2. Heard Sri V.K.Balachandran, learned counsel appearing for the

Panchayath, who submitted that the proceedings are initiated after a survey was

conducted on the basis of the direction issued by this Court in WP(C) No.5756 of 2013..

3. Ext.P8 is seen to have been submitted on 19.04.2021; whereas the

petitioner was asked to submit explanation on or before 29.03.2021. However, Ext.P9

proceedings do not show anything to show that the said explanation was considered by

the respondents. Since the Panchayath had already chosen to give an opportunity to

the petitioner to submit explanation by way of Ext.P7 and the petitioner had submitted

Ext.P8 explanation, the Writ Petition is disposed of with a direction to the respondent

Panchayath to consider the explanation Ext.P8 after affording an opportunity of hearing

to the petitioner through electronic mode or otherwise, before further action is taken

pursuant to Ext.P9.

                                                         Sd/-(P.V.ASHA,    JUDGE)
Rtr/





                                 APPENDIX

PETITIONER'S EXHIBITS

EXT.P1: TRUE COPY OF THE SALE DEED DT.19.4.2008 BEAERING NO.1545/2008 OF THE S.R.O, MARARIKKULAM.

EXT.P2: TRUE COPY OF THE LAND TAX RECEIPT DT.13.1.2021 ISSUED FROM THE KOMALAPURAM VILLAGE OFFICE TO THE PETITIONER.

EXT.P3: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25.09.2008 ISSUED FROM THE KOMALAPURAM VILLAGE OFFICE TO THE PETITIONER..

EXT.P4: TRUE COPY OF THE BUILDING TAX RECEIPT DT.29.12.2012 ISSUED FROM THE MANNANCHERRY GRAMA PANCHAYAT TO THE PETITIONER.

EXT.P5: TRUE COPY OF THE TANDAPER ACCOUNT DT.9.8.1999 OF PONNAMMA WITH T.P.NO.5866 OF KOMALAPURAM VILLAGE.

EXT.P6: TRUE COPY OF THE LOCATION SKETCH OF 3.16 ARE PREPARED BY THE VILLAGE OFFICER, KOMALAPURAM.

EXT.P7: TRUE COPY OF THE 2ND RESPONDENT'S NOTICE DT.18.3.2021 (SERVED ON 15.4.2021) ISSUED TO THE PETITIONER.

EXT.P8: TRUE COPY OF THE PETITIONER'S REPLY DT.19.4.2021 (WITHOUT DOCUMENTS) ISSUED TO THE 2ND RESPONDENT ALONG WITH THE RECEIPT DT.21.4.2021.

EXT.P9: TRUE COPY OF THE 2ND RESPONDENT'S ORDER/NOTICE DATED 5.5.2021 NO.E.S.-653/2021 ISSUED TO THE PETITIONER.