Manikandan T vs The District Collector, Kannur
2023 Latest Caselaw 8168 Ker

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W.P.(C)No.13126 of 2018


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                       &
           THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
  TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                          WP(C) NO. 13126 OF 2018
PETITIONER:

            MANIKANDAN T., AGED 47, S/O.LATE K.NARAYANAN
            NAMBIAR,LAKSHMI NILAYAM, KUTTIATTOOR (P.O),KANNUR
            DISTRICT, PIN CODE-670 602.
            BY ADVS.SRI.P.VISWANATHAN
            SMT.NIMITHA SALIM
            SRI.SHIBU JOSEPH
            SRI.SUNIL N.SHENOI
RESPONDENTS:

     1      THE DISTRICT COLLECTOR, KANNUR
            CIVIL STATION BUILDING, KANNUR DISTRICT,
            PIN CODE - 670 001.
     2      THE ADDITIONAL TAHSILDAR
            THALIPARAMBA TALUK OFFICE,KANNUR DISTRICT,
            PIN CODE-670 141.
     3      THE SECRETARY KUTTIATTOOR GRAMA PANCHAYATH
            CHATTUKAPPARA, PIN CODE - 670 592.
     4      THE EXECUTIVE OFFICER
            CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL
            (P.O)KANNUR DISTRICT, PIN CODE - 670 011.
            BY ADVS.SRI.K.R.AVINASH (KUNNATH)
            SRI.MAHESH V RAMAKRISHNAN
            SRI.K.R.AVINASH KUNNATH
            SRI.ABDUL RAOOF PALLIPATH
            SRI.MAHESH V RAMAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023,     THE       COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
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W.P.(C)No.13126 of 2018

                             JUDGMENT

Anil K. Narendran, J.

The petitioner has filed this writ petition under Article 226 of

the Constitution of India, seeking a writ of certiorari to quash

Ext.P23 order dated 06.02.2017 of the 2 nd respondent Additional

Tahsildar, Taliparamba on the application dated 22.04.2016

made by the 4th respondent Executive Officer of Chirakkal

Kovilakam Devaswom to suspend the possession certificate

dated 13.03.2016 issued by the Village Officer, Kuttiyattoor, to

the petitioner, in respect of 0.1011 Hectares of land in

Re.Sy.No.36/1 of Kuttiyattoor Village, the particulars of which

are furnished in the said order. By Ext.P23 order, the 2 nd

respondent Additional Tahsildar suspended the possession

certificate No.14481867 dated 09.10.2015 and also the site plan

No.60/16 dated 19.02.2016 on a finding that there are no

documents to show that the petitioner acquired janmam right in

respect of 0.1011 Hectares of land in Re.Sy.No.36/1 of

Kottiyattoor Village in respect of which those possession

certificate and site plan were issued. The petitioner has also

sought for a writ of mandamus commanding the 3 rd respondent

W.P.(C)No.13126 of 2018

Secretary, Kottiyattoor Grama Panchayat to consider Ext.P21

application along with Ext.P22 revised plan submitted by the

petitioner, and if it is found that there is due compliance of law

on his part, to permit the petitioner to continue with the

construction of his building, subject to the result of the civil suit,

O.S.No.229 of 2016, pending before the Principal Munsiff's

Court, Kannur.

2. On 12.04.2018, when this writ petition came up for

admission, this Court admitted the matter on file. The learned

Government Pleader took notice for respondents 1 and 2.

Urgent notice by speed post was ordered to respondents 3 and

4.

3. The 4th respondent Executive Officer of Chirakkal

Kovilakam Devaswom has filed a counter affidavit dated

04.07.2018, opposing the reliefs sought for in this writ petition,

producing therewith Exts.R4(a) to R4(d) documents.

4. On 05.06.2023, when this writ petition came up for

consideration along with W.P.(C)Nos.38540 of 2016 and 2913 of

2017, the learned counsel for the petitioner in W.P.(C.)No.38540

of 2016 pointed out the derivation of title stated in Ext.P12 sale

W.P.(C)No.13126 of 2018

deed bearing No.2095 of 2004 of the Sub Registrar Office,

Irikkur and Ext.P18 photograph at page No.62 of the reply

affidavit showing the construction undertaken by the 2 nd

respondent, who is the petitioner in W.P.(C.)No.13126 of 2018.

5. Heard the learned counsel for the petitioner, the

learned Senior Government Pleader for respondents 1 and 2,

the learned counsel for the 3 rd respondent and also the learned

counsel for the 4th respondent.

6. During the course of arguments, the learned counsel

for the petitioner and also the learned counsel for the 4 th

respondent would submit that the petitioner has filed O.S.No.13

of 2020 before the Munsiff's Court, Kannur against Chirakkal

Kovilakam Devaswom, seeking a declaration of his title over the

plaint schedule properties having an extend of 5.87 Ares and

1.17 Ares comprised in Rs.Sy.No.36/106 of Kuttiyattoor Village

and also his possession over the said properties. The further

reliefs sought for in that suit are a mandatory injunction

directing the defendant to remove the wall constructed inside

the plaint schedule properties and the foundation stones and

other illegal structures therein within a time frame to be fixed by

W.P.(C)No.13126 of 2018

the court and on failure to do so to enforce the same through

due process of the court; in any case the court finds that the

plaintiff is not in possession of the plaint schedule properties,

directing the defendant to surrender vacant possession of the

plaint schedule properties to the plaintiff within a time to be

fixed by the court and on default to do the same through the

due process of the court; and for a permanent prohibitory

injunction restraining the defendant, its men or agents of or any

other persons claiming or under it trespassing into the plaint

schedule properties or interfering with the powerful possession

and enjoyment of the same by the plaintiff.

7. O.S.No.13 of 2020 is one filed after the dismissal of

O.S.No.229 of 2016, which was pending before the Principal

Munsiff's Court, Kannur, filed by the petitioner for fixation of

northern boundary and permanent prohibitory injunction

restraining the defendants from trespassing into the plaint A

schedule property, by reducing the same into their possession

and committing mischief therein, in respect of 10.11 Ares and

3.64 Ares of properties in Re.Sy.No.37/7 of Kuttiyattoor Village.

Since the petitioner has instituted O.S.No.13 of 2020 before the

W.P.(C)No.13126 of 2018

Munsiff's Court, Kannur seeking the aforesaid reliefs in respect

of the properties, which is pending consideration, we find no

reason to interfere with Ext.P23 order dated 06.02.2017 of the

2nd respondent Additional Tahsildar.

In such circumstances, the writ petition is dismissed

declining interference on Ext.P23 order dated 06.02.2017 of the

2nd respondent Additional Tahsildar, for the aforesaid resons;

however, without prejudice to the contentions raised by the

petitioner and the 4th respondent in O.S.No.13 of 2020 pending

before the Munsiff's Court, Kollam.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE yd

W.P.(C)No.13126 of 2018

APPENDIX OF WP(C) 13126/2018

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE SALE DEED NO.

838 OF 2003 OF IRIKKUR SUB REGISTRY.

EXHIBIT P2 THE TRUE PHOTOCOPY OF THE SALE DEED NO.

1231 OF 2015 OF IRIKKUR SUB REGISTRY. EXHIBIT P3 THE TRUE PHOTOCOPY OF THE SALE DEED NO.

1456 OF 2015 OF IRIKKUR SUB REGISTRY. EXHIBIT P4 THE TRUE PHOTOCOPY OF THE SALE DEED NO.2095 OF 2004 OF IRIKKUR SUB REGISTRY.

EXHIBIT P5 THE TRUE PHOTOCOPY OF THE RECTIFICATION DEED NO.963 OF 2015 OF IRIKKUR SUB REGISTRY.

EXHIBIT P6 THE TRUE PHOTOCOPY OF THE SITE PLAN DATED 19.02.2016 ISSUED BY THE VILLAGE OFFICER, KUTTIATTOOR.

EXHIBIT P7         THE TRUE PHOTOCOPY OF THE BUILDING
                   PERMIT DATED 23.03.2016
EXHIBIT P8         PHOTOGRAPH OF THE SITE.
EXHIBIT P8(A)      PHOTOGRAPH OF THE SITE.
EXHIBIT P8(B)      PHOTOGRAPH OF THE SITE.
EXHIBIT P9         THE TRUE COPY OF THE ORDER DATED
                   10.06.2016 REINSTATING THE PERMIT
EXHIBIT P10        THE TRUE COPY OF THE DEMOLITION REPORT

DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P11 THE TRUE COPY OF THE RECEIPT DATED 20.06.2016 FOR THE SUBMISSION OF DEMOLITION REPORT.

EXHIBIT P12 THE TRUE COPY OF THE ORDER DATED 02.12.2016 IN WPC NO.38540 OF 2016 EXHIBIT P13 THE TRUE COPY OF THE ORDER DATED 20.01.2017 IN WPC NO.38540 OF 2016 EXHIBIT P14 THE TRUE COPY OF THE ORDER DATED 20.01.2017 IN APPEAL NO.576 OF 2016 BEFORE LSGIT.

EXHIBIT P15 THE TRUE COPY OF THE ORDER DATED 30.01.2017 IN WPC NO.38540 OF 2016 EXHIBIT P16 THE TRUE COPY OF THE ORDER DATED

W.P.(C)No.13126 of 2018

30.01.2017 IN WPC NO.2913 OF 2017 EXHIBIT P17 THE TRUE COPY OF THE PETITION DATED 22.04.2016 SUBMITTED BY 4TH RESPONDENT BEFORE 2ND RESPONDENT EXHIBIT P18 THE TRUE COPY OF THE COMPLAINT DATED 22.06.2016 BY 4TH RESPONDENT BEFORE 1ST RESPONDENT.

EXHIBIT P19 THE TRUE COPY OF THE COMMUNICATION DATED 05.08.2016 BY THE 1ST RESPONDENT. EXHIBIT P20 THE TRUE COPY OF THE COMMUNICATION DATED 01.07.2016 BY THE TOWN PLANNER, KANNUR.

EXHIBIT P21 THE TRUE COPY OF THE APPLICATION DATED 11.07.2016 BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P22 THE TRUE COPY OF THE REVISED BUILDING PLAN SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P23 THE TRUE COPY OF THE ORDER DATED 06.02.2017 BY ADDITIONAL TAHSILDAR, THALIPARAMBA.

EXHIBIT P24 THE TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P25 THE TRUE COPY OF THE COMMUNICATION DATED 20.12.2017 BY THE 1ST RESPONDENT EXHIBIT P26 THE TRUE COPY OF THE PLAINT IN O.S.229 OF 2016 BEFORE THE PRINCIPAL MUNSIFF'S COURT, KANURR EXHIBIT P27 THE TRUE COPY OF THE ORDER DATED 14.03.2018 IN APPEAL NO. 576 OF 2016 BY LSGI TRIBUNAL.

RESPONDENT EXHIBITS EXHIBIT R4(A) TRUE COPY OF DOC NO.142/1917, S.R.O., IRIKKOOR EXECUTED BY VADAKE VEETTIL DEVAKI TO THE JENMI OF THE PROPERTY.

EXHIBIT R4(B) TRUE COPY OF THE REPORT AND PLAN DATED 1/4/2018 IN O.S NO.229 OF 2016 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, KANNUR.

EXHIBIT R4(C) TRUE COPY OF THE LETTER DATED 5/7/2017

W.P.(C)No.13126 of 2018

ISSUED BY THE DISTRICT REGISTRAR (GENERAL), THALASSERY TO THE 4TH RESPONDENT.

EXHIBIT R4(D) TRUE COPY OF THE LETTER DATED 20/7/2017 ISSUED BY THIS RESPONDENT TO THE DISTRICT REGISTRAR (GENERAL) THALASSERY.