Kerala High Court
P.S. Prasad vs Kottayam Municipality on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 20581 OF 2021
PETITIONERS:
1 P.S. PRASAD,
PULLUPARAMBIL, GANDHI NAGAR P.O.,
KOTTAYAM-686008.
2 LALU MATHEW,
VADAKAKENADAYIL, GANDHI NAGAR P.O.,
KOTTAYAM-686008.
BY ADV MATHEW PHILIP EDAPPALLIL
RESPONDENTS:
1 KOTTAYAM MUNICIPALITY,
KOTTAYAM-686001, REPRESENTED BY ITS SECRETARY.
2 ARPOOKARA GRAMA PANCHAYAT, VILLOONNY P.O., KOTTAYAM-
686008, REPRESENTED BY ITS SECRETARY.
ADDL R3 & R4 ARE IMPLEADED
ADDL. R3 STATE OF KERLA, REPRESENTED BY SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
TRIVANDRUM, 695 001
ADDL. R4 THASILDAR KOTTAYAM, MINI CIVIL STATION,
KOTTAYAM 686 001
*ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED
24.03.2022 IN I.A.1/2021 IN WPC 20581/2021
BY ADVS. SIBY CHENAPPADY
BLAZE K.JOSE
SRI.B.S.SYAMANTHAK, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C). No. 20581 of 2021
2
T.R. RAVI, J.
--------------------------------------------
W. P. (C). No. 20581 of 2021
--------------------------------------------
Dated this the 24th day of March, 2022
JUDGMENT
The writ petition has been filed praying for a direction to the 1 st
respondent to do tarring work of a road portion in Sy.No.85/1 Block
No.26 of Perumbekkadu Village. The property originally was part of
the Kaipuzha Village and by Ext.P1 the 2 Acres of the land within
which the road portion also comes stood transferred to the
Aarppookkara Panchayat on realization of the land value. It is
submitted that subsequently this area, which was earlier coming
under the Kumaranalloor Panchayat got merged with Kottayam
Municipality. As a result, dispute has arisen as to whether the road
forms part of the Asset Register of the Municipality or that of the
Aarppookkara Panchayat. That issue need not be gone into at this
stage. The present dispute is only regarding tarring of the road
which admittedly goes through the 2 Acres of property where the
construction of a bus stand and shopping complex is going on. It is
submitted that this road will be a link to the Medical College. The
W. P. (C). No. 20581 of 2021
learned counsel for the Panchayat submits that according to them the
road forms part of the 2 Acres of property which they had purchased
on payment of land value as per Ext.P1 and they are willing to tar the
road at the earliest, after allocating sufficient funds for the same.
The learned counsel for the Municipality submits that they have
already allocated funds and they are also willing to carry out the
tarring of the road. According to the learned counsel for the
Municipality, this road forms part of their Asset Register. The
petitioner is only interested in the tarring and he is not really
concerned as to who will do the tarring work.
Keeping open the dispute regarding the right over this road,
this writ petition is disposed of directing the 1 st respondent to carry
out the tarring work of the road portion which comes within the 2
Acres of land which had been made over to the Aarppookkara
Panchayat at the earliest. It is made clear that the 1 st respondent
will not be entitled to any equities for having expended on the tarring
of this road, at the time of consideration of the question as to whom
the road belongs to. The learned counsel points out that it will
require demarcation of the road portion, which has to be done by the
W. P. (C). No. 20581 of 2021
4th respondent. The 4th respondent shall hence consider the request
made in Ext.R1(a) and do the needful to facilitate the tarring at the
earliest. Since it is submitted that the funds allocated for this
purpose by the 1st respondent will get lapsed by the end of this
month, the 4th respondent shall take all efforts to do the needful
within one week. The 1st respondent is free to tender the work
before the funds are lapsed and need not wait for the Tahsildar to
complete the alignment process.
Sd/-
T.R. RAVI
JUDGE
Pn
W. P. (C). No. 20581 of 2021
APPENDIX OF WP(C) 20581/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF GO(MS) NO.1322/79/RD
DATED 22/11/1979 ALLOTTING TWO ACRES OF
LAND TO THE SECOND RESPONDENT PANCHAYAT.
Exhibit P2 TRUE PHOTOCOPY OF FIELD MEASUREMENT SKETCH
OF FIELD NO.85 IN BLOCK NO.26 OF
PERUMBAIKADU VILLAGE.
Exhibit P3 TRUE PHOTOCOPY OF ENLARGED SKETCH OF FIELD
NOS. 85/1 TO 85/7 BLOCK NO.26 OF
PERUMBAIKADU VILLAGE.
Exhibit P4 TRUE PHOTOCOPY OF BASIC TAX REGISTER
CONCERNING FIELD NO. 85/1 BLOCK NO.26 OF
PERUMBAIKADU VILLAGE. (RELEVANT ENTRY ONLY)
Exhibit P5 TRUE PHOTOCOPY OF ASSET REGISTER OF
ERSTWHILE KUNRANALLOOR PANCHAYAT REGARDING
ENTRY OF MEDICAL COLLEGE-THOPPILPADY ROAD
(RELEVANT ENTRY ONLY).
Exhibit P6 PHOTOGRAPHIC PRINT OF ROAD PORTION IN SY.
NO.85/1 REACHING MEDICAL COLLEGE PWD ROAD.
Exhibit P6(A) PHOTOGRAPHIC PRINT OF THE REST OF MEDICAL
COLLEGE, KALATHILPADY TARRED ROAD.
Exhibit P7 TRUE PHOTOCOPY OF JUDGMENT IN OS 314/2000
OF MUNSIFF COURT, ETTUMANOOR DATED
24/01/2005 DISMISSING THE PLAINT OF SECOND
RESPONDENT.
Exhibit P8 TRUE PHOTOCOPY OF JUDGMENT DATED 12/10/2010
IN AS NO.94/2005 BEFORE ADDITIONAL DISTRICT
COURT (SPECIAL) KOTTAYAM.
W. P. (C). No. 20581 of 2021
Exhibit P9 TRUE PHOTOCOPY OF INTERIM ORDER IN WPC
19645/2014 DATED 31/07/2014 BEFORE THIS
HONOURABLE COURT.
Exhibit P9(A) TRUE PHOTOCOPY OF INTERIM ORDER DATED
27/10/2014 IN THE ABOVE CASE.
Exhibit P10 TRUE PHOTOCOPY OF THE REPORT OF VILLAGE
OFFICER PERUMBAIKADU REGARDING THE DETAILS
OF ROAD IN SY. NO.85/1.
Exhibit P11 TRUE PHOTOCOPY OF THE NOTICE OF TAHSILDAR
KOTTAYAM REGARDING HEARING ON 11/03/2020.
Exhibit P12 TRUE PHOTOCOPY OF THE COMMUNICATION DATED
16/06/2020 OF THE TAHSILDAR, KOTTAYAM
ADDRESSES TO R1.
Exhibit P13 TRUE COPY OF LETTER DATED 14/08/2020 OF
MUNICIPAL COUNCILLOR WARD 52, ADDRESSING
FIRST RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) A TRUE COPY OF THE COMMUNICATION DATED
01.11.2021 SENT BY THE SECRETARY, KOTTAYAM
MUNICIPALITY TO THE TAHSILDAR, KOTTAYAM
