Abdul Kareem vs The Additional Tahsildar (Taluk ...
2021 Latest Caselaw 20443 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                          WP(C) NO. 32311 OF 2017
PETITIONER:

              ABDUL KAREEM, AGED 60 YEARS, S/O.AHAMMED HAJI,
              DOOR NO.3/413, AACHARIYIL HOUSE,OLAVATTOOR P.O.,
              PULIKKAL,MALAPPURAM DISTRICT - 673 637.

              BY ADVS.
              SRI.N.KRISHNA PRASAD
              SRI.IMAM GRIGORIOS KARAT


RESPONDENTS:

     1        PULIKKAL GRAMA PANCHAYAT, PULIKKAL, MALAPPURAM DISTRICT,
              PIN - 673 637,REPRESENTED BY ITS SECRETARY.

     2        THE TAHSILDAR, KONDOTTY TALUK,
              MALAPPURAM DISTRICT - 673 638.

     3        THE ADDITIONAL TAHISILDAR (TALUK SURVEYOR)
              KONDOTTY - 673 638.

     4        THE VILLAGE OFFICER, PULIKKAL VILLAGE, PULIKKAL,
              MALAPPURAM DISTRICT - 673 637.

     5        THE SUPERINTENDENT OF SURVEY AND LAND RECORDS
              MALAPPURAM - 676 505.

              BY ADVS.
              SRI.R.RAMADAS - SC
              SRI E C BINEESH - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, ALONG WITH WP(C).29713/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WPC 32311/17 & 29713/19
                                       2



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                     WP(C) NO. 29713 OF 2019
PETITIONER:

           ABDUL KAREEM, AGED 60 YEARS
           S/O.AHAMMED HAJI, DOOR NO.3/413, AACHARIYIL
           HOUSE, OLAVATTOOR P.O., PULIKKAL, MALAPPURAM
           DISTRICT - 673 637.

           BY ADVS.
           SRI.N.KRISHNA PRASAD
           SRI.IMAM GRIGORIOS KARAT


RESPONDENTS:

     1     THE ADDITIONAL TAHSILDAR (TALUK SURVEYOR),
           KONDOTTY - 673 638.

     2     THE VILLAGE OFFICER, PULIKKAL VILLAGE, PULIKKAL,
           MALAPPURAM DITRICT - 673 637.

     3     THE SUPERINTENDENT OF SURVEY AND LAND RECORDS,
           MALAPPURAM - 676 505.

     4     SECRETARY, PULIKAL GRAMA PANCHAYATH,
           MALAPPURAM DISTRICT - 673 634.

     5     SUB INSPECTOR OF POLICE, KONDOTTY POLICE
           STATION, KONDOTTY, MALAPPURAM DISTRICT - 673
           638.

     6     DISTRICT POLICE CHIEF, MALAPPURAM, MALAPPURAM
           DISTRICT - 676 505.
 WPC 32311/17 & 29713/19
                                     3

    7.       NOUFAL M.K, AGED 34 YEARS, S/O MUHAMMED,
             KOOVATHOTTATHIL HOUSE, MAZHUVANCHERI, P.O.
             OLAVATHUR, MALAPPURAM, PIN - 673 638

    8.       ANWAR C.M, AGED 45 YEARS, S/O ALAVI HAJI,
             CHEKUMPULA HOUSE, MAZHUVANCHERI, P.O. OLAVATTUR,
             MALAPPURAM, PIN - 673 638

    9.       ABDUL RAZAK N.P, S/O KUTTIHASSAN,
             NIMMINIPARAMBAN HOUSE, MAZHUVANCHERI, P.O.
             OLAVATTUR, MALAPPURAM, PIN - 673 638

   10.       MUHAMMED SHAFI K., S/O MOIDEEN, KARATHODI HOUSE,
             MAZHUVANCHERI, P.O. OLAVATTUR, MALAPPURAM, PIN -
             673 638

   11.       SAIDALAVI K., S/O MUHAMMED K, CHERUKUNNUMMAL
             HOUSE, KANDAMKULAVAN, MAZHUVANCHERI, P.O.
             OLAVATTUR, MALAPPURAM, PIN - 673 638

   12.       NOUSHAD M.K, S/O MUHAMMED M.K, KOOVATHOTTATHIL
             HOUSE, MAZHUVANCHERI, P.O. OLAVATTUR,
             MALAPPURAM, PIN - 673 638

             (ADDL RESPONDENTS 7 TO 12 ARE IMPLEADED AS PER
             ORDER DATED 01.10.2021 IN I.A.NO.1/2019)

           BY ADVS.
           SRI.R.RAMADAS
           T.SETHUMADHAVAN (SR.)
           SMT.PREETHI. P.V.
           SRI.M.V.BALAGOPAL
           SRI.E.C.BINEESH - GP


      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.10.2021, ALONG WITH WP(C).32311/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 32311/17 & 29713/19
                                         4



                            JUDGMENT

The issue in these cases - which have been

heard together because they present similar

factual circumstances - is as to whether

petitioner is encroaching into the pathway owned

by the Panchayat. On one hand, the petitioner says

that he is only reconstructing an old wall which

had been demolished by certain vested interests,

pending these matters; while, on the other, the

Panchayat maintains that, as per their Asset

Register, the pathway has a certain length and

width, which has been attenuated at some places

because the petitioner has encroached into it.

2. I notice that, seeing the rival position

of the parties, an order had been earlier issued

by this Court, directing the Tahsildar, Kondotty,

and the jurisdictional Taluk Surveyor, to inspect

the area and to conduct a survey; pursuant to

which, Ext.P9 report in W.P(C)No.29713/2019, along WPC 32311/17 & 29713/19

with its sketch, has been placed on record.

3. When this matter was called today, the

learned counsel for the rival parties were ad idem

that if the petitioner constructs the wall

strictly in terms of the sketch appended to Ext.P9

in W.P(C)No.29713/2019, there would not be any

controversy.

In the afore circumstances and since the

petitioner also accedes to the afore, I allow

these Writ Petitions, directing the Sub Inspector

of Police, Kondotty Police Station, to afford

adequate and effective protection to the

petitioner and his employees, when they construct

or reconstruct the compound wall strictly in terms

of the sketch appended to Ext.P9 in

W.P(C)No.29713/2019.

The competent official of the Panchayat will

oversee the work, ensuring that the construction

confirms strictly with the sketch aforementioned.

Needless to say, on account of the afore WPC 32311/17 & 29713/19

directions, Ext.P1 in W.P(C)No.32311/2017 will

stand set aside.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                            JUDGE
 WPC 32311/17 & 29713/19

APPENDIX OF WP(C) 32311/2017

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE NOTICE DATED 07.09.2017 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER.

EXHIBIT P2. TRUE COPY OF THE REPLY DATED 14.09.2017 SENT BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT.

EXHIBIT P3. TRUE COPY OF THE ACKNOWLEDGEMENT DATED 14.09.2017 ISSUED ON BEHALF OF THE THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P2.

EXHIBIT P4. TRUE COPY OF THE CASUALTY TICKET ISSUED FROM THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, MANJERI ON 08.09.2017.

EXHIBIT P5. TRUE COPY OF THE FIR REGISTERED BY THE SUB INSPECTOR OF POLICE IN CONDITION WITH CRIME NO.346/2017 OF KONDOTTY POLICE STATION.

EXHIBIT P6. TRUE COPY OF THE COMPLAINT DATED 09.09.2017 SUBMITTED BY THE PETITIONER'S WIFE AND DAUGHTER BEFORE THE SUPERINTENDENT OF POLICE, MALAPPURAM.

EXHIBIT P7. TRUE COPY OF THE ACKNOWLEDGEMENT DATED 10.09.2017 ISSUED FROM THE OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM.

WPC 32311/17 & 29713/19

APPENDIX OF WP(C) 29713/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27/10/2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 07/09/2017 ISSUED BY THE PULIKKAL GRAMA PANCHAYAT ADDRESSED TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE REPLY DATED 14/09/2017 SENT BY THE PETITIONER ADDRESSED TO THE PULIKKAL GRAMA PANCHAYAT.

EXHIBIT P4 TRUE COPY OF THE FIR IN CONNECTION WITH CRIME NO.346/2017 OF KONDOTTY POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 01/11/2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR FIXATION OF BOUNDARY OF THE PETITIONER'S PROPERTY MENTIONED IN EXHIBIT P1.

EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 01/11/2017 IN W.P.(C) NO.32311/2017.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT MADE IN W.P.

(C) NO.15217/2018 DATED 25/05/2018.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT MADE IN W.P.

(C) NO.38615/2018 BY THIS HON'BLE COURT ON 28/11/2018.

EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS DATED 21/01/2019 ISSUED BY THE 1ST RESPONDENT IN RESPONSE TO EXHIBIT P8 JUDGMENT.

EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 17/07/2019 SENT BY THE PETITIONER TO WPC 32311/17 & 29713/19

THE 3RD RESPONDENT SEEKING POLICE PROTECTION.

EXHIBIT P11 TRUE COPY OF THE ACKNOWLEDGMENT DATED 29/07/2019 ISSUED BY THE 3RD RESPONDENT'S OFFICE TO THE PETITIONER EVIDENCING RECEIPT OF EXHIBIT P10.

RESPONDENT EXHIBITS

EXHIBIT R4 A TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER OF THE PULIKKAL GRAMA PANCHAYATH