Rukhiya Kalliyath vs Village Officer
2022 Latest Caselaw 10465 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                          WP(C) NO.30453 OF 2021
PETITIONER:

            RUKHIYA KALLIYATH
            AGED 53 YEARS
            D/O.MOIDEEN HAJI, KALLIYATH HOUSE,
            MUNDIAMTHARA, PERUMANNA, VALAKULAM-PO,
            MALAPURAM DISTRICT,PIN-676508.

            BY ADVS.
            P.VENUGOPAL
            SRUTHY.S


RESPONDENTS:

    1       VILLAGE OFFICER
            PERUMANNA VILLAGE OFFICE,
            PERUMANNA.P.O, MALAPPURAM DISTRICT,
            PIN-676501.

    2       THE SECRETARY,
            PERUMANNA KLARI GRAMA PANCHAYAT,KLARI.P.O,
            MALAPPURAM DISTRICT,PIN-676501.

    3       PERUMANNA KLARI GRAM PANCHAYAT,
            KLARI-PO, MALAPPURAM DISTRICT,PIN-676501.
            REPRESENTED BY ITS SECRETARY.

    4       KUNNATHODI MOIDEEN(AGE NOT KNOWN),
            S/O.MARAKKAR HAJI, KUNNATHODI HOUSE,
            MUNDIAMTHARA, PERUMANNA,VALAKULAM-PO,
            MALAPPURAM DISTRICT,PIN-676508.

            BY ADVS.
            SMT.SURYA BINOY, SR.GOVERNMENT PLEADER
            S.SREEDEV
            K.P.SUDHEER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.30453/2021                            2




                                     JUDGMENT

The petitioner has approached this Court aggrieved by certain

constructions made by the fourth respondent encroaching upon her

property and the PWD Road.

2. It is stated that though the second respondent has

issued Ext.P4 stop memo restraining the fourth respondent from

proceeding with the construction, the same is not enforced by the

Panchayat. Accordingly, the petitioner has approached this Court

seeking direction to the second respondent to take appropriate

action against the alleged illegal construction carried out by the

fourth respondent. The petitioner has also sought for a direction to

respondents 2 and 3 to enforce Ext.P5.

3. A counter affidavit has been filed by the fourth

respondent wherein he has denied the averments of the petitioner

and has stated that pursuant to Ext.P4 stop memo, he has

submitted Ext.R4(C) and Ext.R4(D) reply.

4. Heard the learned counsel for the petitioner, learned

Government Pleader for the first respondent, the counsel for the

Panchayat and the counsel for the fourth respondent.

5. Learned counsel for the fourth respondent submits that

pursuant to Ext.P5, the construction referred to therein has been

demolished and the fourth respondent has produced Ext.R4(I)

letter to that effect.

6. Since the second respondent has already issued Ext.P4

notice directing the fourth respondent to stop the construction and

to show cause as to why the said order shall not be made final and

the fourth respondent has submitted his explanation to the same

vide Ext.R4(C) and Ext.R4(D), I am of the view that this Writ

Petition can be disposed of with direction to the second respondent

to consider Ext.R4(C) and Ext.R4(D) replies with notice to the

petitioner and the fourth respondent within a period of one month

from the date of receipt of a copy of this judgment. It is so

ordered.

Writ Petition stands disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE csl

APPENDIX OF WP(C) 30453/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 04.02.2021 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.02.2021 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPORT (DATED NIL) SUBMITTED BY THE ASSISTANT ENGINEER, LSGD TOGETHER WITH A READABLE TYPE WRITTEN COPY

Exhibit P4 TRUE COPY OF THE NOTICE DATED 13.08.2021 ISSUED BY THE SECOND RESPONDENT TO THE FOURTH RESPONDENT

Exhibit P5 TRUE COPY OF THE NOTICE DATED 04.10.2021 ISSUED BY THE SECOND RESPONDENT TO THE FOURTH RESPONDENT

Exhibit P6 TRUE COPY OF THE LAWYER NOTICE DATED 8.11.2021 ISSUED TO THE SECOND AND THIRD RESPONDENTS ALONG WITH ITS ACKNOWLEDGMENT CARDS

RESPONDENTS' EXHIBITS

EXHIBIT R4 A True copy of agreement dated 7.10.2011 executed between the deponent and the petitioner and others.

EXHIBIT R4 B True copy of Notice No. R-5 620/2021 dated 25/02/2021 issued by the 2nd respondent to the 4th respondent.

EXHIBIT R4 C True copy of reply dated 28/04/2021 submitted by the 4th respondent to the 2nd respondent and its acknowledgment receipt.

EXHIBIT R4 D True copy of reply dated 26.8.2021 submitted by the 4th respondent to the 2nd respondent and its acknowledgment receipt.

EXHIBIT R4 E True copy letter No.R5289/2021 dated 15.9.2021 issued by the 2nd respondent to the 4th respondent.

EXHIBIT R4 F True copy of letter No.E2-4316/2021 dated 1.12.2021 issued by the 2nd respondent to the 4th respondent.

EXHIBIT R4 G True copy of the request No. R5- 629/2021 dated 04/10/2021 issued by the 2nd respondent to the Tahasildar (Land Records), Tirur.

EXHIBIT R4 H True copy of letter No. H2/7514/21 dated 23/06/2022 issued by Tahasildar (Land Records), Tirur.

EXHIBIT R4 I True copy of letter dated 03/11/2021 submitted by the 4th respondent to the 2nd respondent and its acknowledgment receipt.