Rameshan vs The Deputy Director Of Panchayath
2022 Latest Caselaw 2546 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                          WP(C) NO. 7086 OF 2022
PETITIONER:

              RAMESHAN
              AGED 55 YEARS
              S/O. APPUTTY, PARACHATHMPOTTAPARAMBU, KONDOTTY TALUK,
              AZHINJILAM AMSOM, KARAD DESOM,
              MALAPPURAM DISTRICT, PIN - 679339
              BY ADV K.RAKESH
RESPONDENTS:

     1        THE DEPUTY DIRECTOR OF PANCHAYATH
              OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH,
              UP-HILL, MALAPPURAM, MALAPPURAM DISTRICT, PIN - 676505
     2        THE VAZHAYUR GRAMA PANCHAYATH
              OFFICE OF THE VAZHAYUR GRAMA PANCHAYATH,
              KARADPARAMBA P.O., MALAPPURAM DISTRICT,
              REPRESENTED BY ITS SECRETARY, PIN - 673632
     3        SECRETARY
              THE VAZHAYUR GRAMA PANCHAYATH,
              OFFICE OF THE VAZHAYUR GRAMA PANCHAYATH,
              KARADPARAMBA P.O., MALAPPURAM DISTRICT, PIN - 673632
              SMT.VINITHA B., SR GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7086 OF 2022

                                          2




                                   JUDGMENT

Dated this the 4th day of March, 2022 This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 2nd respondent to consider and pass appropriate orders on Exhibit P2 representation as expeditiously as possible;

(ii) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 2nd and 3rd respondents not to construct road through the petitioner's property before disposal of Exhibit P2;

(iii) declare that the 2nd and 3rd respondents have no authority to encroach into the property of the petitioner in the name of road construction without taking recourse to the provisions contained in Kerala Panchayath Raj (Acquisition and Disposal of Property) Rules, 2005;

(iv) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 1st respondent to take appropriate action as against respondents 2 and 3 for causing annoyance to the petitioner in the name of road construction."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader appearing for the 1st respondent.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner in possession of property covered by Ext.P1 WP(C) NO. 7086 OF 2022

document. It is submitted that through the said property belonging to the

petitioner, the Panchayat is constructing a road without acquiring the

property and without any consent from the petitioner. The petitioner has

preferred Ext.P2 representation before the Panchayat and seeks an

emergent consideration of the same.

4. Having heard the learned counsel for the petitioner, I am of the

opinion that since the petitioner raises a specific contention that the

property belongs to him and he has not surrendered the property or

consented to the construction of any road through his property and that the

Panchayat has taken no steps for acquisition of the property, the

representation submitted by the petitioner requires a consideration.

5. There will, accordingly, be a direction to the 2nd respondent to take

up Ext.P2 representation preferred by the petitioner and to consider and

pass appropriate orders on the same, after considering the contentions of

the petitioner also, within a period of two weeks from the date of receipt

of a copy of this judgment.

WP(C) NO. 7086 OF 2022

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 7086 OF 2022

APPENDIX OF WP(C) 7086/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE PARTITION DEED EXECUTED BY THE FATHER OF THE PETITIONER AND HIS BROTHER DATED 15-12-1975 Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24- 2-2022 Exhibit P2(a) TRUE COPY OF THE E-MAIL RECEIPT, EVIDENCING THE SENDING OF EXHIBIT P2 RESPONDENTS' EXHIBITS: NIL