Kerala High Court
Kannan And Another vs Krishnapuram Grama Panchayath, ... on 2 November, 2021
WP(C) NO. 6082 OF 2011 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 6082 OF 2011
PETITIONER/S:
1 KANNAN, PANAMOOTTIL,
KRISHNAPURAM MURI, KRISHNAPURAM VILLAGE,,
KAYAMKULAM.
2 VINOD MONI BHAVANAM
KRISHNAPURAM MURI, KRISHNAPURAM VILLAGE,,
KAYAMKULAM.
BY ADVS.
SRI.P.SREEKUMAR
SRI.K.S.MANU PUNUKKONNOOR
RESPONDENT/S:
1 KRISHNAPURAM GRAMA PANCHAYATH, REP. BY
REP. BY ITS SECRETARY,, KRISHNAPURAM,
KAYAMKULAM.688530
2 THE SECRETARY
KRISHNAUPRAM GRAMA PANCHAYATH,, KRISHNAPURAM,
KAYAMKULAM.688530
3 ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD,, KAYAMKULAM EAST
SECTION,, KAYAMKULAM.688530
4 CHELLAMMA MULAVELIKALARI
VADAKKETHIL,, KRISHNAPURAM, KRISHNAPURAM VILLAGE,,
KAYAMKULAM.
5 MANIYAN PILLAI OF DO. DO. DIED
RECORDED AS PER ORDER DATED 07/06/2012 IN MEMO
DATED 05/06/2012 IN WP 6082/2012, THAT RESPONDENTS
4, 6 AND 7 ARE THE LEGAL HEIRS OF THE DECEASED R5
WP(C) NO. 6082 OF 2011 2
AND THAT NO ONE ELSE IS TO BE IMPLEADED.
6 SURESH OF DO. DO.
7 SUJA OF DO. DO.
8 THE TAHSILDAR,
KARTHIKAPPALLY,ALAPPUZHA DISTRICT, IS SUOMOTU
IMPLEADED AS ADDL R8 AS PER ORDER DATED 22/10/2021
IN WP(C)6082/2011
BY ADVS.
N.SATHEESH
SRI.M.G.ANON
SRI.A.SHAFEEK KAYAMKULAM
SMT.K.S.SABITHA
SRI.VINCENT JOSEPH,R1 AND R2
SRI.A.SHAFEEK, R4, R6, R7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6082 OF 2011 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.6082 of 2011
--------------------------------------
Dated this the 2nd day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"(i) Issue a writ of Mandamus or any other writ,
direction or order directing the Respondents
1 and 2 to re-possess the puramboke land
from the possession of the Respondents 4 to 7;
(ii) Issue a writ of Mandamus or any other writ,
direction or order directing the 3rd Respondent
to remove the electric post from the pathway
and to replace it in its original location;
(iii) Issue a writ of Mandamus or any other writ,
direction or order directing Respondents 1 and 2 to
restore the original condition of the puramboke
land encroached by the Respondents 4 to 7
and
(iv) Issue any other writ, or order as is deemed fit
by this Honourable Court in the greater interest of
justice."
2. The grievance of the petitioner is that the 1 st and
2nd respondents are not taking any steps to repossess the
part of the puramboke land allegedly encroached by
respondent Nos. 4 to 7. It is also the case of the petitioner
that the civil court had already turned down the claim of
respondent Nos. 4 to 7 over the said land. According to the
petitioner, by encroaching upon the puramboke land, which
was a part of the pathway used by the petitioners, the
respondent Nos.4 to 7 committed illegality. The respondent
Nos. 1 to 3 are aiding them.
3. In the above writ petition, the 1st and 2nd
respondents filed a counter affidavit, in which it is stated that
the Panchayat already taken steps and requested the
Tahsildar, Karthikappally to determine the extent of
Puramboke as per Exts.R1(a) and R1(b) and the Tahsildar has
not taken any follow up action. The stand of the Panchayat is
that once the property is measured, the Panchayat will do the
needful in accordance to law.
4. Heard the learned counsel for the petitioner and
the learned Government Pleader. I also heard the Standing
Counsel for respondents 1 and 2. I also heard the counsel for
the contesting respondent.
5. After hearing both sides and going through the
records, I think this writ petition can be disposed directing
the additional 8th respondent to take appropriate steps based
on Exts. R1(a) and R1(b) requests of the 1 st respondent -
Panchayat and based on such report from the 8 th respondent,
there can be a direction to the 1 st and 2nd respondents to do
the needful, in accordance to law.
Therefore, this writ petition is disposed in the following
manner :
1) The additional 8th respondent is directed to survey
the land and find out the puramboke land as
requested by the 1st and 2nd respondents in Exts.
R1(a) and R1(b), as expeditiously as possible, at
any rate, within 4 months from the date of receipt
of a copy of this judgment.
2) The additional 8th respondent will issue notice to
the aggrieved party also, while conducting the
survey.
3) Once the measurement is over, the additional 8 th
respondent will submit a report before the 1 st
respondent-Panchayat forthwith.
4) Based on the report submitted by the additional 8 th
respondent, the 1st and 2nd respondents will do the
needful, in accordance to law, of course, after
hearing the affected parties or the legal heirs of
the party respondents, if any of the party
respondents are not alive.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OFPLAINT IN OS 15/98 OF MUNSIFFS COURT,
KAYAMKULAM
EXT.P2 TRUE COPY OF JUDGMENT IN OS 154/98 DATED 21.6.2001
M.C.KAYAMKULAM
EXT.P3 TRUE COPY OF PETITION DATED 25.6.2010 FILED BY
PETITIONERS BEFORE 2ND RESPONDENT
EXT.P4 TRUE COPY OF RECEIPT IN RESPECT OF EXT.P3
RESPONDENT'S EXHIBITS :
EXT.R1(A) TRUE COPY OF RESOLUTION DATED 13.7.2011 PASSED BY
THE 1ST RESPONDENT
EXT.R1(B) TRUE COPY OF REQUISITION LETTER DATED 16.8.2011
//TRUE COPY//
P.A. TO JUDGE
SKS
