Makkar Hassan vs State Of Kerala
2022 Latest Caselaw 394 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                       WP(C) NO. 13155 OF 2019
PETITIONERS:

    1     MAKKAR HASSAN
          AGED 60 YEARS
          THOTTATHIKULAM HOUSE,
          ERAMALLOR P.O, KUTTILANJI, KOTHAMANGALAM, ERNAKULAM.

    2     FATHIMA
          AGED 1 YEARS
          NEDUMAGATTU HOUSE,ERAMALLOR P.O, KUTTILANJI,
          KOTHAMANGALAM, ERNAKULAM.

    3     ALIAS,
          AGED 1 YEARS
          PUNNAKKAPILLI HOUSE, ERAMALLOR P.O, KUTTILANJI,
          KOTHAMANGALAM, ERNAKULAM.

    4     ASHRAF T.H,
          AGED 1 YEARS
          THOTTATHIKULAM HOUSE, ERAMALLOR P.O, KUTTILANJI,
          KOTHAMANGALAM, ERNAKULAM.

          BY ADVS.
          JOMY GEORGE
          SRI.DEEPAK MOHAN
          SMT.M.V.BABY



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE DISTRICT COLLECTOR,
          ERNAKULAM, CIVIL STATION, KOCHI-682030.

    3     THE DISTRICT OFFICER,
          OFFICE OF THE DISTRICT OFFICE, GROUND WATER DEPARTMENT,
 WP(C) NO. 13155 OF 2019
                                   2

             CIVIL STATION, ERNAKULAM-682030.

    4        THE ASSISTANT EXECUTIVE ENGINEER,
             LSGD SUB DIVISION, KOOVAPPADY, KURUPPAMPADY P.O,
             ERNAKULAM-683544.

    5        NELLIKUZHI GRAMA PANCHAYATH,
             NELLIKUZHI P.O, KOTHAMANGALAM, ERNAKULAM-686691,
             REPRESENTED BY ITS SECRETARY.

    6        SECRETARY,
             NELLIKUZHI GRAMA PANCHAYATH, NELLIKUZHI P.O,
             KOTHAMANGALAM, ERNAKULAM-686691.

    7        ASAMANNOOR GRAMA PANCHAYATH,
             ASAMANNOOR P.O, ODAKKALI,
             ERNAKULAM - 683549., REPRESENTED BY ITS SECRETARY.

    8        SECRETARY,
             ASAMANNOOR GRAMA PANCHAYATH,
             ASAMANNOOR P.O, ODAKKALI, ERNAKULAM-683549.

    9        THE BLOCK DEVELOPMENT OFFICER,
             KOOVAPPADY, KURUPPAMPADY P.O, ERNAKULAM DISTRICT-
             683544.

         BY ADVS.
         GOVERNMENT PLEADER
         SRI.C.A.NAVAS
         K.S.ARUN KUMAR
         SRI.T.K.SASIKUMAR



         SRI .B.S. SYAMANTHAK. GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13155 OF 2019
                                  3

                            JUDGMENT

The issue in this writ petition is a dispute between two

Panchayats regarding the digging of a well within the area of the 5 th

respondent. The 5th respondent has filed a statement. Along with

the statement, they produced a letter addressed to the second

respondent on 06.11.2019 which is produced as Ext.R5(f). In the

above circumstances, the writ petition is disposed of directing the

2nd respondent, the District Collector to consider and pass orders

on Ext.R5(f), if the same is received and pending, after hearing

respondents 5 and 7 within a period of two months from the date

of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE AJ WP(C) NO. 13155 OF 2019

APPENDIX OF WP(C) 13155/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER DATED 05.07.2016 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.03.2018 ISSUED BY THE VILLAGE OFFICER, ERAMALOOR VILLAGE.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 28.09.2018 ISSUED BY THE 8TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 03.04.2019 SUBMITTED BY THE MEMBER OF THE PANCHAYAT BEFORE THE 6TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 05.04.2019 SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 05.04.2019 SUBMITTED BEFORE THE 2ND RESPONDENT.