Kerala High Court
Sarath Sarasan vs The District Collector on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 20368 OF 2021
PETITIONER:
SARATH SARASAN, AGED 33 YEARS, S/O. C.K.SARASAN, CHITTEZHATH
HOUSE, KUMBALAM P.O., PIN-682 506.
BY ADVS.SHERRY J. THOMAS
RENISH RAVEENDRAN
THAMANA BAI
LIGISH XAVIER
JOEMON ANTONY
SURESH KUMAR NAIR
RESPONDENTS:
1 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,
KAKKANADU, ERNAKULAM, PIN-682 030.
2 THE REVENUE DIVISIONAL OFFICER, IST OFFICER, KB JACOB ROAD,
FORT KOCHI, KOCHI, PIN-682 001.
3 THE TAHSILDAR, KANAYANNOOR TALUK OFFICE, PARK AVENUE, NEAR
SUBHASH PARK, MARINE DRIVE, KOCHI, KERALA-682 011.
4 THE VILLAGE OFFICER, KUMBALAM VILLAGE OFFICE, MADAVANA,
PANANGAD ROAD, ERNAKULAM DISTRICT-682 506.
5 KUMBALAM PANCHAYATH, KUMBALAM PANCHAYATH OFFICE, MADAVANA,
PANANGAD ROAD, ERNAKULAM DISTRICT-682 506,
REPRESENTED BY ITS SECRETARY.
6 THE SECRETARY, KUMBALAM GRAMA PANCHAYATH, MADAVANA, PANANGAD
ROAD, ERNAKULAM DISTRICT-682 506.
7 C.P.SANAL KUMAR, S/O. N.K.PARAMESWARAN, CHITTEZHATH
NIKARTHIL, KUMBALAM P.O., PIN-682 506.
8 C.K.SHANMUGHAN, S/O. KANDORI, CHIRAYIL HOUSE,
KUMBALAM P.O., PIN-682 506.
BY ADVS.S.SHANAVAS KHAN, P.N.SUKUMARAN
C.K.GOVINDAN, L.P.ARAVINDAKSHAN
SMT.SURYA BINOY.SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20368 OF 2021
-2-
JUDGMENT
This writ petition has been filed by the
petitioner seeking a direction to the 6th
respondent - Secretary of Kumbalam Grama
Panchayat, to complete action pursuant to Ext.P3
and remove the encroachments over a public road,
which is alleged to be made by respondents 7 and
8.
2. Sri.C.K.Govindan and Sri.P.N.Sukumaran -
learned counsel appearing for respondents 7 and 8
respectively, submitted that, going by Ext.P3,
there is no 'Puramboke' area identified and that
even if there is any, a proper survey will have to
be conducted. They added that their clients have
been in possession of the properties in question
for the last several years, if not decades; and
that as long as same is not included in the "Asset
Register" of the Panchayat, it cannot be
WP(C) NO. 20368 OF 2021
said that same has been vested with them; and,
consequently, that the reliefs sought for in this
writ petition are without basis.
3. Sri.Shanavas Khan - learned Standing
Counsel appearing for respondents 5 and 6,
submitted that action pursuant to Ext.P3 can be
taken forward by his clients only if a proper
survey is done, based on the title documents, as
well as the Revenue Records. He submitted that,
therefore, this Court may allow the Secretary of
the Panchayat to take appropriate action and that
he be granted sufficient time for it, because he
will have to request the Taluk Surveyor for such
purpose.
4. When I consider the afore submissions, I
find favour with the contentions impelled by
respondents 7 and 8 because, unless it is
established unequivocally that they are in
possession of 'Puramboke Land', which is vested in
WP(C) NO. 20368 OF 2021
the Panchayat, it would not be possible to take
any action against them under the applicable
Statutes and Regulations. The question whether
they are in illegal possession of 'Puramboke' Land
and whether they own any land in the survey number
in question are issues which cannot be considered
by this Court or decided affirmatively, since it
would require a proper survey and evaluation of
factual factors and relevant documents.
In the afore circumstances, I deem it
appropriate to accede to the suggestion of
Sri.Shanavas Khan and to dispose of this writ
petition with the following directions:
(a) The 6th respondent - Secretary of
the Grama Panchayat will take
necessary steps for survey of the
area in question, including the
properties of respondents 7 and 8,
under the aegis of the competent
WP(C) NO. 20368 OF 2021
Taluk Surveyor, which shall be done
based on all the relevant documents,
including the title documents of
respondents 7 and 8. When such survey
is conducted, the petitioner and
respondents 7 and 8 will be given an
opportunity of being heard and their
version recorded; thus culminating in
a proper report and sketch, within a
period of three months from the date
of receipt of a copy of this
judgment.
(b) Once the report and sketch is so
settled by the Taluk Surveyor, the
said Authority will forward the same
to the 6th respondent, who will
thereupon hear the petitioner and
respondents 7 and 8 and take
necessary steps, as are required in
WP(C) NO. 20368 OF 2021
law, under the applicable Statues and
Regulations, including the Kerala
Land Conservancy Act. This shall be
done, as expeditiously as is
possible, but not later than three
months from the date on which the
report is received by the said
Authority.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 20368 OF 2021
APPENDIX OF WP(C) 20368/2021
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PETITION SUBMITTED
BEFORE THE 2ND RESPONDENT REVENUE
DIVISIONAL OFFICER DATED 22.3.2021.
EXHIBIT P1(A) THE TRUE COPY OF THE RECEIPT DATED
22.3.2021.
EXHIBIT P2 THE TRUE COPY OF THE MASS PETITION
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 22.3.2021.
EXHIBIT P3 THE TRUE COPY OF THE LETTER ISSUED FROM
THE VILLAGE OFFICER TO SECRETARY, GRAMA
PANCHAYAT DATED 13.4.2021.
EXHIBIT P4 THE TRUE COPY OF THE LETTER ISSUED FROM
THE RDO TO THE VILLAGE OFFICER, DATED
17.6.2021.
RESPONDENT'S/S EXHIBITS :
EXT.R7(a) TRUE COPY OF THE SALE DEED NO.1301/1977
OF SRO ERNAKULAM.
//TRUE COPY//
P.A. TO JUDGE
