Kerala High Court
Abdul Jaleel vs District Collector,Wayanad on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 32391 OF 2017
PETITIONER:
ABDUL JALEEL
POOLAKKARUMBATH HOUSE, MEENANGADI P.O.,
SULTHAN BATHERY - 673591.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 DISTRICT COLLECTOR,WAYANAD
KALPETTA - 673 121.
2 THE TAHSILDAR
TALUK OFFICE, SULTHAN BATHERY,
PIN - 673 592.
3 THE TALUK SURVEYOR
TALUK OFFICE,
SULTHAN BATHERY - 673 592.
4 THE SECRETARY
MEENANGADI GRAMA PANCHAYAT,GRAMA PANCHAYAT
OFFICE,MEENANGADI,WAYANAD-673591
(IS IMPLEADED AS PER ORDER DATED 26.02.2020 IN
IA.2/2020 IN WPC)
BY ADVS.
GOVERNMENT PLEADER
SRI.JOHN JOSEPH VETTIKAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).19673/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.32391/2017 & 19673/2022
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 19673 OF 2022
PETITIONER:
ABDUL JALEEL,
AGED 57 YEARS
POOLAKKARUMBATH HOUSE
MEENANGADI P.O., SULTHAN BATHERY-673691.
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
RESPONDENTS:
1 DISTRICT COLLECTOR,
WAYANAD, KALPETTA-673121.
2 THE SECRETARY,
MEENANGADI GRAMA PANCHAYATH,
MEENANGADI, WAYANAD-673591.
BY GOVERNMENT PLEADER SMT.SURYA BINOY B
SRI. JOHN JPOSEPH VETTIKAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).32391/2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.32391/2017 & 19673/2022
:3:
N. NAGARESH, J.
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W.P.(C) Nos.32391 of 2017 and 19673 of 2022
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Dated this the 24th day of June, 2022
JUDGMENT
~~~~~~~~~
The petitioner in these writ petitions hold land
adjoining the land where the Meenangadi Grama Panchayat
proposes to construct a stadium/playground. WP(C)
No.32391 of 2017 has been filed by the petitioner seeking to
direct the Tahsildar and Taluk Surveyor to finalise the
inspection and survey proceedings referred to in Ext.P5
without further delay. WP(C) No.19673 of 2022 has been
filed seeking to dispose of Ext.P4 representation submitted
by the petitioner before the District Collector.
W.P.(C) Nos.32391/2017 & 19673/2022
2. The petitioner states that he purchased 1 Acre
land in Survey No.711 of Palakkad Village. The petitioner
gave away 33 Cents out of the said 1 Acre to a committee
formed for developing a playground and a stadium. The
remaining 67 Cents were subsequently sold to other
persons. However, the petitioner purchased back 58.5 Cents
of the said 67 Cents during 1995-1998. Out of the said 67
Cents, 18 Cents is in the name of the petitioner's father.
3. A committee formed for developing playground
and stadium procured 6.50 Acres of land adjacent to the
property of the petitioner. The committee surrendered 6.50
Acres to the Meenangadi Grama Panchayat on 28.03.1999.
Boundaries of the land so surrendered were not fixed. In the
year 2000, a complaint was filed before the District Collector
alleging that the playground has been encroached upon. The
District Collector caused an enquiry through the Tahsildar.
The Tahsildar submitted a report that the alleged
encroachment is outside the boundary fixed by the
Panchayat. The District Collector therefore disposed of the
W.P.(C) Nos.32391/2017 & 19673/2022
complaint stating that it was for the Panchayat to take action,
if any, against the alleged encroachment.
4. The petitioner states that his property was not
surveyed and demarcated during the re-survey proceedings.
Erroneously, the land was noted as government land. The
petitioner filed OS No.455/2001 before the Munsiff's Court,
Sultan Bathery. The court restrained the Government from
trespassing into the petitioner's property, as per Ext.P2
judgement dated 14.01.2004 (in WP(C) No.32391/2017).
5. As regards description of the petitioner's property
as government land in Revenue records, the petitioner took
up the matter with the Tahsildar. The Tahsildar, as per
Ext.P3, directed the petitioner to approach the office of the
Re-survey Superintendent. Though the petitioner
approached the Re-survey Superintendent, no steps were
taken to make correction in the Revenue records. The
petitioner therefore has filed WP(C) No.32391 of 2017
seeking to direct respondents 2 and 3 to finalise the
inspection and survey proceedings without further delay.
W.P.(C) Nos.32391/2017 & 19673/2022
6. According to the petitioner, pending WP(C)
No.32391 of 2017, the Secretary to Meenangadi Grama
Panchayat tried to encroach upon the land of the petitioner
and fill the land with earth. The petitioner submitted Ext.P4
complaint (in WP(C) No.19673/2022) before the District
Collector in this regard. The District Collector did not act on
the complaint of the petitioner. Hence, the petitioner has
filed WP(C) No.19673 of 2022 seeking to direct the 1 st
respondent to take up and dispose of Ext.P4.
7. The Secretary to the Grama Panchayat entered
appearance through Standing Counsel and resisted the writ
petition. On behalf of the Secretary to Grama Panchayat, it
was submitted that one Dwaraka Narayanan submitted a
complaint before the Vigilance and Anti Corruption Bureau
(VACB). The VACB caused measurement of Panchayat
property through the Taluk Surveyor. The report revealed
that the petitioner has encroached upon the property of the
Panchayat. The VACB recommended the Government to
take action to evict the petitioner and other encroachers.
W.P.(C) Nos.32391/2017 & 19673/2022
Consequently, the Revenue Divisional Officer,
Mananthavady issued a letter to the Panchayat to evict the
petitioner and others from the encroached property.
8. The Secretary to the Grama Panchayat further
stated that the petitioner is attempting to establish his title
over 58.5 Cents of land in Survey No.711 of Purakkady
Village. The relief sought for in the writ petition can be
granted only if the dispute regarding the ownership of the
land is resolved. This Court cannot, in exercise of the
jurisdiction under Article 226, go into such a disputed
question of fact. The petitioner himself has filed OS
No.233/2021 in the Munsiff's Court, Sultan Bathery. The
Panchayat proposes to establish a 400 metre track in the
proposed stadium. The proposed stadium will be one of the
fewest sports stadium having the facilities to cope with the
national and international level requirements. The Panchayat
owns 0.6065 hectares of land there. The petitioner cannot be
permitted to stake claim over any part of the said land. The
writ petition is therefore liable to be dismissed.
W.P.(C) Nos.32391/2017 & 19673/2022
9. The Tahsildar filed a counter affidavit in WP(C)
No.32391 of 2017. There is nothing on record to show that
the petitioner's 33 Cents of land was included in the 6.50
Acres of land relinquished to the Grama Panchayat. Who
are the contributors to the land relinquished in favour of the
Panchayat is not known. The Taluk Surveyor has shown the
boundary of the property to the Secretary of Meenangadi
Grama Panchayat. But, the Secretary refused to
acknowledge the same.
10. The petitioner has not proved the purchase of the
property claimed by him during 1995-1998, that is after the
re-survey came into existence based on genuine records. In
the Revenue records, the petitioner's property is shown as
government land. At the time of re-survey, the petitioner had
no claim over the property. The petitioner failed to produce
title documents, the Tahsildar stated.
11. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing the Grama
Panchayat.
W.P.(C) Nos.32391/2017 & 19673/2022
12. According to the petitioner, his land in Survey
No.711 of Purakkady Village, is mistakenly included as
government land in survey records. The petitioner has
requested to correct the discrepancy. Ext.P5 communication
of the Additional Tahsildar will show that the Tahsildar has
forwarded the request of the petitioner for survey, to the
Taluk Surveyor.
13. Ext.P7 communication of the Principal Secretary
to the Government of Kerala addressed to the Director of
VACB, would show that on verification of the records, the
0.2562 hectare possessed by the petitioner does not contain
any encroached land. Ext.P7 further proceeds to state that
on a survey conducted by the Surveyor, it was found that the
land set apart for stadium has not been encroached upon.
14. The District Collector also as per Ext.P8 letter
addressed to the Principal Secretary has categorically stated
that the 0.2562 hectare of land of the petitioner does not
include any encroached land. Both the communications
would indicate that the property of the Panchayat is of an
W.P.(C) Nos.32391/2017 & 19673/2022
extent of 6.50 Acres. The Secretary to the Grama Panchayat
would, however, submit that the Panchayat is in occupation
of 6 Acres 99 Cents of land.
15. This Court finds that the Grama Panchayat holds
the property for construction of a stadium and playground.
The Grama Panchayat as well as the petitioner appears to
be holding certain documents in support of their claim over
the land. In the facts and circumstances of the case, taking
into consideration the fact that the Panchayat holds land for
construction of a public purpose, this Court is of the view that
instead of forcing the parties to resolve the issue through
prolonged civil litigations, efforts should be made to resolve
the issue through other means.
16. This Court is of the view that if a proper survey is
conducted with notice to the petitioner as well as the
Panchayat authorities, there is a fair chance that the dispute
is resolved. It has to be noted that the petitioner has
submitted Ext.P4 representation before the District Collector
requesting to remove the ordinary earth deposited by the
W.P.(C) Nos.32391/2017 & 19673/2022
Panchayat in his property. The Secretary to the Grama
Panchayat has also submitted Ext.R4(H) communication
dated 22.11.2021 to the District Collector seeking to cancel
the sketch of the property attached to the communication
dated 26.07.2019 of the District Collector. In the
circumstances of the case, it would be only just and proper to
direct the District Collector to consider Ext.P4 complaint of
the petitioner and Ext.R4(H) request submitted by the Grama
Panchayat and take a decision thereon, after causing a
proper survey of the land in question.
The writ petitions are therefore disposed of
directing the 1st respondent-District Collector to consider
Ext.P4 and Ext.R4(H), and take decision thereon, after
causing a survey of the property of the petitioner as well as
of the land claimed by the Grama Panchayat and after giving
an opportunity of hearing to the petitioner as well as the
Secretary to the Panchayat. In the event any of the parties
are dissatisfied by the decision of the District Collector, it will
be open to the parties to approach the competent civil court
W.P.(C) Nos.32391/2017 & 19673/2022
for establishing title to their respective properties, if they are
so advised.
Sd/-
N. NAGARESH, JUDGE
aks/27.06.2022
W.P.(C) Nos.32391/2017 & 19673/2022
APPENDIX OF WP(C) 32391/2017
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER DATED 11.4.2001
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 14.1.2004
IN OS NO. 455 OF 2001 OF THE MUNSIFF'S
COURT, SULTHRAN BATHERY.
EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED
08.6.2005 RECEIVED BY THE PETITIONER
FROM THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED
16.8.2016 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF NOTICE DATED 23.11.2016
RECEIVED BY THE PETITIONER FROM THE
2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED
08.8.2017 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS
Exhibit R2(A) A TRUE COPY OF THE REPORT OF THE TALUK
SURVEYOR DATED 26.06.2000.
PETITIONER'S EXHIBITS
Exhibit P7 TRUE COPY OF THE ORDER DATED
10.07.2019 ISSUED BY THE ADDITIONAL
SECRETARY, REVENUE (L) DEPARTMENT,
KERALA STATE.
Exhibit P8 TRUE COPY OF THE REPORT DATED 3.4.2019
OF THE 1ST RESPONDENT.
W.P.(C) Nos.32391/2017 & 19673/2022
RESPONDENT'S EXHIBITS
Exhibit R4(A) TRUE COPY OF LAND TAX RECEIPTS.
Exhibit R4(B) THE TRUE COPY OF THE REPORT DATED
12.07.1994 SUBMITTED BY THE SECRETARY
AND THE ASSISTANT ENGINEER OF THE
PANCHAYATH TO THE DISTRICT COLLECTOR.
Exhibit R4(C) THE TRUE COPY OF THE LETTER DATED
28.02.2019 ISSUED BY THE REVENUE
DIVISIONAL OFFICER, MANANTHAVADY, TO
THE SECRETARY OF THE MEENANGADY GRAMA
PANCHAYATH.
Exhibit R4(d) THE TRUE COPY OF THE PLAINT IN O.S.
NO. 233/2021 OF THE MUNSIFF/MAGISTRATE
COURT, SULTHAN BATTERY.
Exhibit R4(e) THE TRUE COPY OF THE ORDER DATED
24.01.2022 IN I.A. NO. 3/2021 IN O.S.
NO. 233/2021 OF THE MUNSIFF/MAGISTRTE
COURT, SULTHAN BATHERY.
Exhibit R4(f) THE TRUE COPY OF THE REPLY LETTER
GIVEN BY THE VILLAGE OFFICER DATED
19.12.2001 TO THE THEN PRESIDENT OF
THE GRAMA PANCHAYATH.
Exhibit R4(g) THE TRUE COPY OF THE LETTER ISSUED BY
THE VILLAGE OFFICER PURAKKADY TO ONE
DWARAKA NARAYANAN ON 17.10.2019.
Exhibit R4(h) THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PANCHAYATH BEFORE THE
DISTRICT COLLECTOR WAYANAD DATED
22.11.2021.
W.P.(C) Nos.32391/2017 & 19673/2022
APPENDIX OF WP(C) 19673/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ORDER DATED 11/04/2001
ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF REPORT NO.
DCWYD/10648/2018-L6 DATED 03/04/2019
OF THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF ORDER NO. L3/40/18/REV.
DATED 10/07/2019 OF THE PRINCIPAL
SECRETARY, REVENUE.
Exhibit P4 TRUE COPY OF REPRESENTATION DATED
28/05/2022 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
