Rajan G vs State Of Kerala
2022 Latest Caselaw 6460 Ker

Citation : 2022 Latest Caselaw 6460 Ker
Judgement Date : 8 June, 2022

Kerala High Court

Rajan G vs State Of Kerala on 8 June, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                          WP(C) NO. 2861 OF 2021
PETITIONER:

              RAJAN G.
              AGED 50 YEARS
              S/O.LAKSHMANAN, PLAMOOTTIL HOUSE,
              RUBY NAGAR P.O., MORUKULANGARA,
              CHANGANACHERRY, KOTTAYAM - 686 103.

              BY ADV V.P.MOHAMMED NIYAZ


RESPONDENTS:

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

     2        CHANGANACHERY MUNICIPALITY
              REPRESENTED BY ITS SECRETARY,
              MUNICIPAL OFFICE, CHANGANACHERY P.O.,
              KOTTAYAM DISTRICT - 686 101.

     3        THE SECRETARY,
              CHANGANACHERY MUNICIPALITY,
              MUNICIPAL OFFICE,
              CHANGANACHERY P.O.,
              KOTTAYAM DISTRICT - 686 101.

     4        DISTRICT COLLECTOR
              KOTTAYAM, COLLECTORATE,
              COLLECTORATE P.O.,
              KOTTAYAM - 686 002.

     5        SARASSAMMA RAJAPPAN
              W/O.RAJAPPAN V.K.,
              KANADATHIL (VETTUKUZHI PARAMBU),
              RUBY NAGAR P.O., MORKULANGARA,
              CHANGANACHERY, KOTTAYAM DISTRICT - 686 103.
 WP(C) NO. 2861 OF 2021
                                  2

             BY ADVS.
             SRI.M.P.MADHAVANKUTTY
             SRI.BOBY THOMAS
             SMT.RESHMI JACOB

             SMT.DEEPA NARAYANAN, SR. GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.06.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 2861 OF 2021
                                             3


                                      JUDGMENT

The writ petition is filed with following prayers:

"i) To call for the records leading to Exhibits-P1 to P6 and issue a writ of mandamus or any other appropriate writ or direction to the 3rd respondent to demolish the building erected on the road puramboke of Morkulangara - Anandasramam Road.

ii) To issue appropriate Writ or direction to the 3 rd respondent to dispose Exhibit-P1 application within a time frame fixed by this Hon'ble Court, if possible within a period of one month."

2. The prayer in the writ petition is to issue appropriate

directions to the 3rd respondent to demolish the building erected on

the road puramboke of Morkulangara - Anandasramam Road by

the 3rd respondent. Exts.P1 to P6 are the complaints and

proceedings already issued by the Panchayath to evict the

encroachers. Since there is no further action this writ petition is

filed.

3. Heard the learned counsel for the petitioner, the learned

counsel appearing for the 5th respondent and I have also heard the WP(C) NO. 2861 OF 2021

learned Government Pleader.

4. The learned counsel for the petitioner reiterated his

contention in the writ petition. The learned counsel also takes me

through the statement filed by the Panchayath in which it is

admitted that the 5th respondent has no authority to continue in

the premises.

5. The learned counsel for the Panchayath also submitted

that there is no license issued to the 5 th respondent and he is

actually an encroacher. The Panchayath will take necessary steps

to evict the 5th respondent.

6. The learned counsel appearing for the 5th respondent

submitted that the 5th respondent is an old lady and she has no

other source of income. She is included in the street vendors list

published by the Panchayath recently. Therefore, she is entitled to

continue the small tea shop in the disputed place. The learned

counsel submitted that the petitioner will submit representation

before the Panchayath to consider that request.

7. It is an admitted fact that prima facie the Panchayath WP(C) NO. 2861 OF 2021

found that the 5th respondent is an encroacher. It is also an

admitted fact that the 5th respondent filed a suit before the Civil

Court for injunction and there is no interim order passed by the

Civil Court. In such circumstances, it is the duty of the Panchayath

to evict encroachers. But the 5th respondent says that her tea shop

is included in the street vendors list by the Panchayath. If that is

the case, the petitioner is free to submit a representation before

the 3rd respondent producing adequate documents to show that

her name is included in the street vendors list. Such an application

is filed, there can be direction to the Secretary to consider the

same and pass appropriate orders within a short period. Based on

the same, the further proceedings based on Exts.P1 to P6 will be

completed by the Panchayath within time frame. Therefore, the

writ petition is disposed of with the following directions:

1. Fifth respondent is free to file a representation

narrating her grievance to the 2nd and 3rd respondent

within two weeks from the date of receipt of copy of this

judgment.

2. Once such a representation is received the 2 nd and WP(C) NO. 2861 OF 2021

3rd respondent will consider the same and pass

appropriate orders in it after giving an opportunity of

hearing to the 5th respondent within two weeks from the

date on which representation is received. Before passing

orders in the representation an opportunity of hearing will

be given to the petitioner also.

3. Based on the above decision, the 1 st respondent will

take appropriate steps in accordance to law against the 5 th

respondent, if it is found that the petitioner is an

encroacher.

Sd/-