Abdul Latheef vs Cherpu Gramapanchayath
2022 Latest Caselaw 7381 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                  WP(C) NO. 13024 OF 2022
PETITIONER/S:

         ABDUL LATHEEF, AGED 64 YEARS
         S/O.ABDULLA, ATTUPARAMBATH HOUSE, RESIDING NEAR
         KARUVANNUR BRIDGE, KARUVANNUR P.O., THRISSUR
         DISTRICT, PIN - 680 711.
         BY ADVS.
         SR.ADV.SRI.RANJITH THAMPAN FOR PETITIONER,
         V.M.KRISHNAKUMAR
         P.R.REENA


RESPONDENT/S:

    1    CHERPU GRAMAPANCHAYATH
         CHERPU P.O., THRISSUR DISTRICT, PIN - 680 561,
         REPRESENTED BY ITS SECRETARY.
    2    SECRETARY
         CHERPU GRAMAPANCHAYATH, CHERPU P.O.,
         THRISSUR DISTRICT, PIN - 680 561.
    3    DIRECTOR OF PANCHAYATH
         DIRECTORATE OF PANCHAYATH, PUBLIC OFFICE
         BUILDING, PALAYAM, THIRUVANANTHAPURAM,
         PIN -695 033.
    4    DEPUTY DIRECTOR OF PANCHAYATH
         OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH,
         KALYAN NAGAR, AYYANTHOLE, THRISSUR,
         PIN - 680 003.
    5    TAHSILDAR
         THRISSUR TALUK, THRISSUR TALUK OFFICE,
         THRISSUR, PIN - 680 020.
    6    TALUK SURVEYOR TALUK OFFICE
         THRISSUR OFFICE OF THE TALUK SURVEYOR,
         CHEMBOOKKAVU, THRISSUR, PIN - 680 020.
    7    DISTRICT SURVEY SUPERINTENDENT
         OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT,
         CIVIL STATION, THRISSUR, PIN - 680 003.
         BY ADVS.
         BRIJESH MOHAN
         R.RAJPRADEEP
                                          -2-
W.P.(C) No.13024 of 2022




OTHER PRESENT:

              SMT.DEEPA NARAYANAN, SR.GP


        THIS      WRIT       PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON       24.06.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                        -3-
W.P.(C) No.13024 of 2022



                             P.V.KUNHIKRISHNAN, J.
                              ======================================================

                                W.P.(C) No.13024 of 2022
                           =============================================================

                     Dated this the 24th day of June, 2022

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i. Call for records leading to Ext.P8 and issue a writ in the nature of certiorari quashing Ext.P8.

ii. Issue a writ in the nature of mandamus commanding the 2nd respondent to pass a considered order on the basis of Ext.P7 complaint filed by the petitioner in view of the decision in Banerji Memorial Club Trichur vs. Tahsildar, Thrissur and others, 2015 KHC 7105, within such time as may be fixed by this Hon'ble Court and until then stay all further proceedings pursuant to Ext.P8.

iii. Issue a writ in the nature of mandamus commanding the 7th respondent to consider and pass orders on Ext.P5 within such time as may be fixed by this Hon'ble Court.

iv. Issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

v. award cost of this proceedings to the petitioner." (sic)

2. The main grievance of the petitioner is that when

Ext.P5 appeal under Section 11 of the Surveys and Boundaries Act

W.P.(C) No.13024 of 2022

is pending, Ext.P8 eviction notice is issued. Aggrieved by the

same, this writ petition is filed.

3. Heard the counsel for the petitioner and the

respondents.

4. After hearing both sides, I think there can be a

direction to the appellate authority to dispose of Ext.P5 and till

then Ext.P8 can be kept in abeyance. The 2 nd prayer in this writ

petition can be left open.

Therefore, this writ petition is disposed of in the following

manner:

1. The 7th respondent is directed to consider Ext.P5 appeal, and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, in accordance to law, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment.

W.P.(C) No.13024 of 2022

2. Till the final orders are passed in Ext.P5, all further proceedings pursuant to Ext.P8 are kept in abeyance.

3. All the contentions raised by the petitioner in this writ petition are left open.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C) No.13024 of 2022

APPENDIX OF WP(C) 13024/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.2829/1/2010 DATED 27/09/2010 OF CHERPU SUB REGISTRY.

Exhibit P2 TRUE COPY OF THE SALE DEED NO.356/1/2010 DATED 02/02/2010 OF CHERPU SUB REGISTRY.

Exhibit P3 PHOTOGRAPHS SHOWING THE USUFRUCTS IN THE PETITIONER'S PROPERTY ON THE NORTH OF KARUVANNUR RIVER.

Exhibit P4 TRUE COPY OF THE NOTICE IN FORM NO.13 ISSUED BY THE TAHSILAR DATED 19/02/2022.

Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT SURVEY SUPERINTENDENT DATED 25/03/2022. Exhibit P6 TRUE COPY OF THE NOTICE DATED 28/02/022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SECRETARY OF THE PANCHAYATH DATED 16/03/2022.

Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE PANCHAYATH TO THE PETITIONER DATED 23/03/2022.

Exhibit P9 TRUE COPY OF THE COMPLAINT DATED 25/03/2022 FILED BY THE PETITIONER BEFORE THE PANCHAYATH.

Exhibit P10 TRUE COPY OF THE ORDER IN CRL.M.C.NO.6069/2017 DATED 30/09/2021. RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE RESOLUTION OF THE CHERPU PANCHAYATH DATED 15/11/2021 Exhibit R2(B) TRUE COPY OF THE LETTER DATED 18/11/2021 ADDRESSED TO TALUK SURVEYOR Exhibit R2(C) TRUE COPY OF THE LETTER GIVEN BY THE TAHSILDAR (LR) DATED 19/02/2022

W.P.(C) No.13024 of 2022

Exhibit R2(D) TRUE COPY OF THE ENCROACHMENT SKETCH PREPARED BY THE TALUK SURVEYOR Exhibit R2(E) TRUE COPY OF THE CRL.M.C 6069/2017 FILED BY THE PETITIONER Exhibit R2(F) TRUE COPY OF THE RESOLUTION OF THE PANCHAYATH DATED 23/03/2022