P.Smitha vs State Of Kerala
2021 Latest Caselaw 23447 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      WP(C) NO. 15683 OF 2021


PETITIONER/S:

          P.SMITHA,
          AGED 36 YEARS
          W/O. SASI,
          EP-VI/20 KORANATHU HOUSE,
          EDAPPETTA AMSOM, PATHIRICODE P.O
          MALAPPURAM 679 326.

          BY ADVS.
          R.SUDHISH
          M.MANJU



RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.

    2     THE REVENUE DIVISIONAL OFFICER,
          PERINTHALMANNA, MALAPPURAM 679 322.

    3     THE SECRETARY,
          EDAPPATTA GRAMA PANCHAYATH,
          EDAPPATTA POST, MALAPPURAM 679 326.

    4     EDAPPATTA GRAMA PANCHAYATH.,
          EDAPPATTA POST, MALAPPURAM 679 326.
          REPRESENTED BY THE SECRETARY.

    5     RATHEESH KUMAR,
          AGED 50 YEARS
          S/O. KUTTIAPPU,
          KORANATTU HOUSE EDAPPATTA AMSOM,
          PATHIRICODE P.O. MALAPPURAM 679 326.
 WP(C) NO. 15683 OF 2021
                                 2




    6       LEELAMANI.S.,
            W/O. VIKRAMADITHYAN.K.,
            GOKULAM, KERALAPURAM,
            CHANTHANTHOPPU POST, KOTTARAKKARA,
            KOLLAM 691 014,
            (FORMER SECRETARY, EDAPATTA GRAMA PANCHAYATH ,
            EDAPPATTA POST, MALAPPURAM 679 326.

            BY ADVS.
            VINOD SINGH CHERIYAN
            N.ANAND
            T.M.KHALID
            K.P.SUSMITHA


            BY SRI. B.S.SYAMANTHAK, GOVERNMENT PLEADER




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   25.11.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15683 OF 2021
                              3



                          JUDGMENT

The Writ Petition has been filed challenging Exhibit P11

order issued by the 3rd respondent and for a direction to the

3rd and 4th respondents to conduct a denovo enquiry on

Exhibit P6 within a time frame ordered by this Court. There

is also a prayer seeking a direction to respondent Nos. 2

and 3 to evict the encroachment by the 5 th respondent on

Poothanipadi - Padam Road. Even though there are several

other prayers made regarding actions to be taken, I do not

propose to go into the said issues since the writ petition can

be disposed of on the basis of the decision taken by the

Panchayat at a later point of time.

2. Heard the learned counsel for the petitioner and the

learned counsel for respondent Nos. 1 to 6.

3. The learned counsel for the petitioner submits that,

Exhibit P11 order has been issued on the basis of Exhibit

P12 agreement, which is said to have been executed and it WP(C) NO. 15683 OF 2021

is pointed out that the stamp paper for agreement has been

purchased on 29.02.2020, while the agreement itself has

seen dated as 27.02.2020. It appears from Exhibit R3(a)

decision taken by the Panchayat on 02.09.2021, which has

also been produced as Exhibit P16 along with I.A. No.

1/2021, that the Pachayat has noticed the flaw pointed out

in the agreement, since the Panchayat itself decided to take

action against the erring officials and decided to direct the

Secretary to take necessary steps for removing the

encroachments, if necessary, with the assistance of Police.

In view of the resolution of the Panchayat, I do not think

that this Court needs to go into the merits of the case at

this stage, having due consideration of the provisions

contained in Kerala Panchayath Raj (Removal of

Encroachment and Imposition and Recovery of Penalty for

Unauthorised Occupation) Rules, 1996. Suffice to say that

the action in terms of Exhibit R3(a) will be taken in WP(C) NO. 15683 OF 2021

accordance with law, giving due regard to the right of all the

parties to the case and any other affected persons, within

two months from the date of receipt of a copy of this

judgment. It is made clear that any action taken will be

with notice to the parties concerned.

This writ petition is disposed of as above.

Sd/-

T.R.RAVI JUDGE

avs WP(C) NO. 15683 OF 2021

APPENDIX OF WP(C) 15683/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE TITLE DEED NO. 2274/2007 DATED 2.5.207 OF SUB REGISTRAR OFFICE, MELATTUR.

Exhibit P2 COPY OF THE TITLE DEED NO. 2275/2007 DATED 2.5.2007 OF SUB REGISTRAR OFFICE, MELATTUR.

Exhibit P3 COPY OF THE SKETCH FILED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT.

Exhibit P4 COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER OF EDAPPATTA GRAMA PANCHAYATH SHOWING ITEM NO. 50 OF THE ASSET REGISTER.

Exhibit P5 COPY OF THE LETTER NO. RDOPTM/669/2020 DATED 10.3.2020 OF THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA.

Exhibit P6 COPY OF THE PETITION FILED BEFORE THE IST RESPONDENT WHICH IS IDENTICAL TO THE PETITIONS FILED BEFORE THE 2ND AND 3RD RESPONDENTS.

Exhibit P7 COPY OF THE MASS PETITION FILED BEFORE THE 3RD RESPONDENT PANCHAYATH SECRETARY DATED 14.7.2020.

Exhibit P8 COPIES OF THE PHOTOGRAPHS SHOWING THE ENCROACHMENT AND OBSTRUCTION CAUSED BY THE 5TH RESPONDENT.

WP(C) NO. 15683 OF 2021

Exhibit P9 COPY OF THE JUDGMENT OF THIS HONOURABLE CO RUT IN WPC NO. 17415 OF 2020 DATED 24.9.2020.

Exhibit P10 COPY OF THE LETTER DATED 5.10.2020 SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P11 COPY OF THE ORDER OF THE SECRETARY OF THE PANCHAYATH DATED 22.2.2021.

Exhibit P12 COPY OF THE AGREEMENT EXECUTED BETWEEN THE 4TH RESPONDENT AND RAVI ON 27.2.2020.

Exhibit P13 COPY OF THE SHOW CAUSE NOTICE DATED 15.3.2021 ISSUED TO THE 6TH RESPONDENT.

Exhibit P14 COPY OF THE MINUTES OF THE 4TH RESPONDENT PANCHAYATH DATED 30.7.2020.

Exhibit P15 COPIES OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION OF THE BOUNDARY WALL AND THE ENCROACHMENT ON THE ROAD.

Exhibit P16 COPY OF THE MINUTES OF THE 4TH RESPONDENT PANCHAYAT DATED 02.09.2021

RESPONDENT EXHIBITS

Exhibit R3(a) COPY OF THE RESOLUTION NO.4(1) DATED 02.09.2021 OF EDAPPATTA GRAMA PANCHAYAT