Chinnamma Joseph vs Secretary, Arakkuzha Grama ...
2021 Latest Caselaw 22880 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 26127 OF 2021
PETITIONERS:

    1     CHINNAMMA JOSEPH
          AGED 74 YEARS
          W/O.JOSEPH, RESIDING AT PERIYAKOTTIL HOUSE,
          PERUMBALLOOR P.O., ARAKKUZHA VILLAGE, MUVATTUPUZHA
          TALUK, ERNAKULAM DISTRICT, PIN - 686 673.
    2     JOSEPH
          AGED 79 YEARS
          S/O.IYPE JOSEPH, RESIDING AT PERIYAKOTTIL HOUSE,
          PERUMBALLOOR P.O., ARAKKUZHA VILLAGE, MUVATTUPUZHA
          TALUK, ERNAKULAM DISTRICT, PIN - 686 673.
          BY ADVS.
          AJEESH S.BRITE
          NINU M.DAS
          FRANCIS ASSISI
          STEPHY JOSEPH


RESPONDENTS:

          SECRETARY, ARAKKUZHA GRAMA PANCHAYATH
          ARAKKUZHA P.,O., ARAKKUZHA, MUVATTUPUZHA TALUK,
          ERNAKULAM DISTRICT, PIN - 686 672.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26127 OF 2021

                                           2


                                    JUDGMENT

Dated this the 23rd day of November 2021

This writ petition is filed seeking the following

reliefs:-

(A) Issue a writ of mandamus or such other order in the nature of the writ of mandamus ordering the respondents to hear the petitioners before taking any action against them.

(B) To call for the records of the respondents relating to Exhibit P5 and P6 and to quash all the proceedings.

2. Heard the learned counsel for the petitioners

and the learned counsel appearing for the respondent

Arakkuzha Grama Panchayath.

3. It is submitted by the learned counsel appearing

for the petitioners that Exhibits P5 and P6 notices have

been issued to the petitioners requiring them to stop

the construction of compound wall carried out by them

in properties which are indicated as nilam in the

revenue records. Learned counsel for the petitioners

submits that the properties are shown as purayidom in

the Basic Tax Register and that there is absolutely no WP(C).No.26127 OF 2021

bonafides in the notices issued. The petitioners have

submitted Exhibit P7 reply to Exhibits P5 and P6 notices

and seek consideration of the same.

Having heard the learned counsel for the

Arakkuzha Grama Panchayath, there will be a direction

to the respondent to take up Exhibit P7 reply submitted

by the petitioners to Exhibit P5 and P6 notices and to

consider and pass orders on the same, before

proceeding further with any coercive action against the

petitioners. The petitioners shall also be put on notice

and heard through any appropriate means including

video conferencing before orders as passed as directed

above. Appropriate orders shall be passed within a

period of one month from the date of receipt of copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/23/11 WP(C).No.26127 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

TRUE COPY OF THE REGISTERED SALE DEED Exhibit P1 NO.3805/1995 OF SUB REGISTER OFFICE, MUVATTUPUZHA DATED 12/06/1995. TRUE COPY OF THE BASIC TAX RECEIPT BEARING Exhibit P2 NO.KL07071002465/2020 DATED 16/06/2020 BY THE 1ST PETITIONER FOR THE PROPERTY IN HER NAME. TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LAY Exhibit P3 AND NATURE OF THE PROPERTY OF THE PETITIONERS. TRUE COPY OF THE SKETCH SHOWING THE ELEVATION Exhibit P4 OF THE PROPERTY OF THE PETITIONERS. TRUE COPY OF THE NOTICE ISSUED BY THE Exhibit P5 RESPONDENT TO THE 1ST PETITIONER DATED 27/07/2021.

TRUE COPY OF THE NOTICE ISSUED BY THE Exhibit P6 RESPONDENT TO THE 1ST PETITIONER DATED 26/10/2021.

TRUE COPY OF THE REPLY FILED BY THE PETITIONERS Exhibit P7 DATED 15/11/2021.

TRUE COPY OF THE EXTRACT FROM OF THE DATA BANK Exhibit P8 REGISTER FROM THE AGRICULTURAL OFFICE KRISHI BHAVAN, ARAKKUZHA.

RESPONDENTS' EXHIBITS:           NIL



  SSK                            //TRUE COPY//            PA TO JUDGE