S.Muthukumar vs State Of Kerala
2023 Latest Caselaw 1173 Ker

WP(C) NO. 11362 OF 2013            1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                          WP(C) NO. 11362 OF 2013
PETITIONER/S:

               S.MUTHUKUMAR
               S/O.SUBBIAH,RESIDING AT HOUSE, NO XII/799 (NEW
               NUMBER) GAYATHRI BHAVAN,DEVIKULAM P.O,IDUKKI
               DISTRICT PIN 685 613

              BY ADVS.
              SMT.A.K.PREETHA
              SRI.C.ANIL KUMAR



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY,DEPARTMENT OF
               REVENUE,SECRETARIAT,THIRUVANANTHAPURAM PIN 695001

      2        THE SUB COLLECTOR
               DEVIKULAM DEVIKULAM P.O,PIN 68613

      3        THE TAHSILDAR
               DEVIKULAM TALUK,DEVIKULAM P.O PIN 685 613

      4        THE VILLAGE OFFICER
               KANNAN DEVAN HILLS VILLAGE ,DEVIKULAM P.O,PIN 685
               613

      5        THE DEVIKULAM GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY,PANCHAYATH
               OFFICE,MATTUPETTY P.O,IDUKKI DISTRICT PIN 685 616


OTHER PRESENT:
 WP(C) NO. 11362 OF 2013                 2


              SRI.K.M.FAISAL, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.01.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 11362 OF 2013              3


                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      W.P.(C) No.11362 of 2013
                    --------------------------------------
              Dated this the 18th day of January, 2023


                                 JUDGMENT

This writ petition is filed with following prayers :

(i) "Call for the entire records from the respondents pertaining to the issues raised in the writ petition.

(ii) Issue a writ of mandamus directing the 2nd respondent to take appropriate action on Ext.P9 application of the petitioner after notice and hearing.

(iii) Issue a writ of mandamus directing the respondents not to demolish the house of the petitioner which is covered by Exts.P1, P2, P3 & P8 during the pendency of proceedings vide Exts.P9

(iv) Grant such other reliefs this Honourable Court may deem fit in the circumstances of the case." [SIC]

2. The main prayer in this writ petition is to consider

Ext.P9 and not to take any coercive steps till the consideration

of the same.

3. When this writ petition came up for consideration on

26.4.2013, this Court passed the following order :

"The Government Pleader to get instructions. In the meantime,

all action to demolish any portion of the residential house, building No.XVII/1078 of the petitioner shall be kept in abeyance. The above order shall be subject to the further condition that the petitioner shall not make any additional construction or repairs to the building."

3. Therefore, there can be a direction to consider

Ext.P9 by the 2nd respondent and till consideration of the

same, the interim order can be retained.

Therefore, this writ petition is allowed in the following

manner :

1) There will be a direction to the 2 nd respondent to

consider Ext.P9 and pass appropriate orders in it

after giving an opportunity of hearing to the

petitioner as expeditiously as possible, at any rate,

within four months from the date of receipt of a copy

of this judgment.

2) Till final orders are passed, the interim order

dated 26.4.2013 will continue.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 11362/2013

PETITIONER EXHIBITS

EXT.P1 COPY OF AGREEMENT DATED 30-12-2011 EXECUTED IN FAVOUR OF THE PETITIONER

EXT.P2 COPY OF RESIDENTIAL OWNERSHIP CERTIFICATE NO A7-653/2013 DATED 8-2-2013 ISSUED FROM THE 5TH RESPONDENT PANCHAYATH

EXT.P3 COPY OF RELEVANT PAGES OF RATION CARD OF THE FAMILY OF THE PETITIONER

EXT.P4 COPY OF ELECTORAL IDENTITY CARD OF THE PETITIONER

EXT.P5 COPY OF ELECTORAL IDENTIOTY CARD OF THE WIFE OF THE PETITIONER

EXT.P6 COPY OF APPLICATION DATED 7-12-2012 SUBMITTED BY THE PETITIONER BEFORE THE PANCHAYATH

EXT.P7 COPY OF JUDGMENT OF THIS HONOURABLE COURT DATED 13-3-2013 PASSED IN WPC NO 2002 OF 2013

EXT.P8 COPY OF COMMUNICATION NO A7- 1075/2013 DATED 8-4-2013 ISSUED BY THE SECRETARY 5TH RESPONDENT PANCHAYATH

EXT.P9 COPY OF REPRESENTATION DATED 12-4- 2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXT.P10 COPY OF INTERIM ORDER DATED 21-1- 2010 PASSED IN WPC NO 1801/2010 OF THE HONOURABLE HIGH COURT OF KERALA

EXT.P11 COPY OF INTERIM ORDER DATED 25-3- 2013 PASSED BY THIS COURT IN WPC NO 7296/2013