Kerala High Court
C.T.Noushad vs The District Collector on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 5857 OF 2022
PETITIONERS:
1 C.T.NOUSHAD
AGED 42 YEARS
S/O. ABDUR RAHIMAN, SRAMBIYEKKAL HOUSE,
VAZHAKKAD P.O, MALAPPURAM DISTRICT 673 440
2 ABBAS
AGED 58 YEARS
S/O. ABDUR RAHIMAN, SRAMBIYEKKAL HOUSE,
VAZHAKKAD P.O, MALAPPURAM DISTRICT 673 440
BY ADVS.
VINOD RAVINDRANATH
MEENA.A.
K.C.KIRAN
M.R.MINI
M.DEVESH
ASHWIN SATHYANATH
ANISH ANTONY ANATHAZHATH
THAREEQ ANVER K.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
MALAPPURAM, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT 676
505
2 THE REVENUE DIVISIONAL OFFICER
TIRUR, REVENUE DIVISIONAL OFFICE, TIRUR-THRIKANDIYOOR ROAD,
MALAPPURAM, PIN 676 101
3 THE THASILDAR
TALUK OFFICE, KONDOTTY, MALAPPURAM DISTRICT 673 638
4 THE VILLAGE OFFICER
VAZHAKKAD VILLAGE OFFICE, MALAPPURAM DISTRICT 673 645
5 VAZHAKKAD GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, VAZHAKKAD P.O,
MALAPPURAM DISTRICT 673 640
6 THE SECRETARY
VAZHAKKAD GRAMA PANCHAYATH, VAZHAKKAD P.O, MALAPPURAM DISTRICT 673
640
7 ADDL.R. ABDUL AZEEZ M.K.
WP(C) NO. 5857 OF 2022
2
(SOUGHT TO BE IMPLEADED)
8 ADDL.R. SULAIMAN MATTUMMAL
(SOUGHT TO BE IMPLEADED)
9 ADDL.R. AHAMMEDKUTTY K.P.
(SPOUGHT TO BE IMPLEADED)
BY ADVS.
VINOD SINGH CHERIYAN
JAMSHEED HAFIZ
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
K.K.NESNA
THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD FINALLY ON 21.10.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5857 OF 2022
3
JUDGMENT
The petitioners are in possession of certain extent of land in
Vazhakkad Village, Kondotty Taluk in Malappuram District. They are
aggrieved by Ext. P1 and P2 notices issued by the 5 th respondent
alleging that they have encroached upon the Kallapilli - Chethupalam
Road. The grievance of the petitioners is that, proceedings pursuant to
Exts.P1 and P2 are initiated in violation of principles of natural justice
inasmuch as the petitioners were not heard before issuance of Exts. P1
and P2 despite the direction in Exhibit P4 judgment.
2. Heard the learned counsel for the petitioners, Smt. Surya
Binoy, the learned Government Pleader for respondents 1 to 4,
Smt. K.P. Susmitha, learned Standing Counsel for respondents
5 and 6 and Sri. Jamsheed Hafiz, learned counsel for additional
respondents 7 to 9.
3. Having heard the learned standing counsel for the Panchayath
and perusing Exts. P1 and P2, I find that they are only notices issued
before initiation of proceedings under the Kerala Panchayat Raj
WP(C) NO. 5857 OF 2022
(Removal of Encroachment And Imposition And Recovery of Penalty
For Unauthorized Occupation) Rules, 1996 (for short, 'the Rules). Rule
5 contemplates the procedures for eviction from land belonging to or
vested in the Panchayat. Since Exhibits P1 and P2 are only notices, the
petitioners and all affected persons would get sufficient opportunity to
state their case before the 6th respondent. The petitioners can respond
to Exts. P1 and P2 and the Panchayat shall take further action only after
hearing the petitioners and the additional respondents and as per the
procedure for eviction contemplated under the Rules.
4. With the above observation, this writ petition is disposed of.
Till final orders are passed pursuant to Exts. P1 and P2 in accordance
with Rules, the order of status quo passed by this Court on 20.06.2022
shall continue.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
APA
WP(C) NO. 5857 OF 2022
APPENDIX OF WP(C) 5857/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 9-2-2022 ISSUED BY THE
5TH RESPONDENT TO THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 9-2-2022 ISSUED BY THE
5TH RESPONDENT TO THE 2ND PETITIONER
Exhibit P3 TRUE COPY OF THE COMPLAINT/REPRESENTATION DATED 1-11-
2020 SUBMITTED BEFORE THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 30-06-2021 PASSED BY
THIS HON'BLE COURT IN W.P(C) NO. 12986/2021
