Kerala High Court
M.L.Edward vs State Of Kerala on 27 July, 2022
WP(C) NO. 4535 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 4535 OF 2013
PETITIONER/S:
M.L.EDWARD
S/O LEYONS, MATHIRAPPILLI HOUSE, VALLAM, EDAYAKUNNAM
S. CHITTOR KOCHI 27
BY ADV SRI.R.DIVAKARAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARTY TO THE STATE
OF EKRALA, SECRETARIAT, THIRUVANANTHAPURAM 695001
2 DIRECTOR OF PANCHAYATH
OFFICE OF THE DIRECTOR OF PANCHAYATH,
THIRUVANANTHAPURAM 695033
3 DISTRICT COLLECTOR
ERNAKULAM DISTRICT6 682030
4 CHERANELLOOR GRAMA PANCHAYATH
CHERANELLOOR SOUTH CHITTOR P.O, COCHIN 27, REPRESENTED
BY ITS SECRETARY 682027
5 THE EXECUTIVE ENGINEER
MINOR IRIGATION DEPARTMENT, CIVIL STATION, KAKKANAD,
ERNAKULAM DISTRICT 682030
WP(C) NO. 4535 OF 2013 2
6 TAHASILDAR
KANAYANNOOR TALUK, ERNAKULAM DISTRICT 682011
7 C.G.THOMAS
AGED 72 YEARS
S/O VARUTHUKUTTY, CHACKALAKKAL HOUSE, SOUTH CHITTOOR,
ERNAKULAM, KOCHI-17.
BY ADVS.
SRI.T.K.AJITHKUMAR VALATH
SRI.RAMESH .P
SRI.RENISH RAVEENDRAN
OTHER PRESENT:
SRI.JIBU.T.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4535 OF 2013 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C) No.4535 of 2013
--------------------------------------
Dated this the 27th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) To issue a writ in the nature of mandamus or any other
appropriate writ, order or direction to call for the records
leading to Ext. P5.
(ii) To issue a writ in the nature of mandamus or any other
appropriate writ, order or direction, directing the 4 th respondent
to measure the puramboke mundupalam thodu vested in the
Panchayat as per the puramboke thodu register and remove the
encroachment.
(iii) Issue such other appropriate relief, which is prayed by the
petitioner during the course of hearing, and which this Hon'ble
Court may deem fit to grant and
(iv) To award the cost of the proceedings." [SIC]
2. The petitioner is the former ward member of
Cheranelloor Grama Panchayath. The Mundupalam thodu passes
through ward number 5 and 14 of the Cheranelloor Grama
Panchayat and as per the puramboke thodu register, it have 2
kilometer length and 11.5 meter width. According to the
petitioner, the thodu passes through Sy.Nos.484, 485, 486, 481/9
and 474 of Cheranelloor Village. It is the specific case of the
petitioner that the width of the thodu was reduced due to the
encroachment on both sides and some of them reclaimed the
thodu and illegally constructed boundary wall and pathway. So
the free flow of water through the thodu is affected and created
water logging. It is the further case of the petitioner that
Cheranelloor Panchayath has not taken any steps to remove the
encroachment over the thodu and also not taken any steps to
restore its original position. The petitioner submitted Exts.P1 and
P5 representations and the same are also not considered by the
authorities. It is submitted by the petitioners that the 4 th and 5th
respondents are trying to construct permanent structures after
reclaiming the puramboke thodu by violating the Kerala
Panchayath Raj Act and Kerala Conservation of Paddy Land and
Wetland Act. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the 4th respondent-
Panchayat. I also heard the learned Government Pleader.
4. The learned counsel for the petitioner reiterated his
contentions. The counsel takes me through the photographs as
evident by Exts.P15 to P22 to show that there is encroachment.
The counsel also takes me through Exts.P8 to P11 photographs
also. From the above photographs, it is seen that there is some
encroachment to the thodu. According to the petitioner, it is an
encroachment from the side of the Panchayath. But, the
Panchayat disputes the same and submitted that the 5th
respondent for the purpose of constructing a retaining wall,
constructions were made and not even single pie is expended by
the Panchayath for the construction of the retaining wall. The
counsel also takes me through Exts.R4(a) to R4 (c) photographs.
5. After going through the pleadings and the contentions
raised by the parties, I am of the view that this is a matter to be
looked into by the 3rd respondent. If there is any encroachment
to the thodu, it is the duty of the 3 rd respondent to pass
appropriate orders to restore the thodu to its original position.
For that purpose, the petitioner can be directed to file
representation before the 3rd respondent narrating his grievance
and the 3rd respondent will consider that representation with
notice to the petitioner and the respondent Nos. 4 and 5. There
can be a time limit for taking steps based on the representation.
Therefore, this writ petition is disposed of with the following
directions :
1) The petitioner is free to submit a representation before the
3rd respondent narrating his grievance with adequate
supporting documents before the 3rd respondent within four
weeks from the date of receipt of a copy of this judgment.
2) Once such a representation is received, the 3rd respondent
will consider the same and take appropriate steps and pass
consequential orders, after giving an opportunity of hearing
to the petitioner, respondent Nos. 4 and 5 and also other
affected parties, if any.
3) The above exercise should be completed by the 3 rd
respondent as expeditiously as possible, at any rate, within
three months from the date of receipt of a copy of this
judgment.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 THE TRUE COPY OF THE REPRESENTATION DATED
15.7.2011
EXT.P2 THE TRUE COPY OF THE ORDER IN OP NO.1164/2011
EXT.P3 THE TRUE COPY OF THE INJUNCTION ORDER DATED
21.7.2011
EXT.P4 THE TRUE COPY OF THE ORDER DATED 29.1.2013
EXT.P5 THE TRUE COPY OF THE REPRESENTATION DATED
10.2.2013 .
EXT.P6 TRUE COPY OF THE NOTICE TO THE 4TH RESPONDENT
ON 12.6.2012
EXT.P7 TRUE COPY OF THE PROCEEDINGS OF THE MEETING
HELD BY THE DISTRICT COLLECTOR.
EXT.P8 TRUE COPY OF THE PHOTOGRAPHS OF THE RECLAIMING
OF THE THODU PORTION
EXT.P9 TRUE COPY OF THE PHOTOGRAPHS OF THE GRANITE
STONE COLLECTED BY THE RESPONDENT ON THE SIDE OF THE
THODU
EXT.P10 TRUE COPY OF THE PHOTOGRAPHS OF THE GRANITE
STONE COLLECTED BY THE RESPONDENT ON THE SIDE OF THE
THODU
EXT.P11 TRUE COPY OF THE RECLAIMING PORTION'S
PHOTOGRAPHS
EXT.P12 TRUE COPY OF THE JUDGMENT DATED 15.3.2013 IN
WRIT APPEAL NO. 446/2013
EXT.P13 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE SI OF POLICE, CHERANELLOOR POLICE
STATION DATED 27.3.2013
EXT.P14 TRUE COPY OF THE MANGALAM DAILY NEWSPAPER DATED
8.4.2013
EXT.P15 TRUE PHOTOGRAPH OF THE RECLAIMING PORTION
EXT.P16 TRUE PHOTOGRAPH OF THE RECLAIMING PORTION
EXT.P17 TRUE PHOTOGRAPH OF THE RECLAIMING PORTION
EXT.P18 TRUE PHOTOGRAPH OF THE RECLAIMING PORTION
EXT.P19 TRUE PHOTOGRAPH OF THE RECLAIMING PORTION
EXT.P20 TRUE PHOTOGRAPH OF THE RECLAIMING PORTION
EXT.P21 TRUE PHOTOGRAPH OF THE RECLAIMING PORTION
EXT.P22 TRUE PHOTOGRAPH OF THE NOTICE PUBLISHED AND
AFFIXED IN THE COMPOUND WALL TAKEN BY THE PETITIONER.
EXT.P23 TRUE COPY OF THE FIR.
RESPONDENT'S EXHIBITS :
EXT.R4(A) PHOTOGRAPH PRODUCED BY THE 4TH RESPONDENT
EXT.R4(B) PHOTOGRAPH PRODUCED BY THE 4TH RESPONDENT
EXT.R4(C) PHOTOGRAPH PRODUCED BY THE 4TH RESPONDENT
EXT.R4(D) PHOTOGRAPH PRODUCED BY THE 4TH RESPONDENT
