Kerala High Court
Vijayakumar vs Vettathoor Grama Panchayath on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 40900 OF 2017
PETITIONER
VIJAYAKUMAR
AGED 34 YEARS, S/O. KRISHNAN
MELETHIL HOUSE, MANNARMALA P.O,
MALAPPURAM DISTRICT 679 325
BY ADV SRI.C.DINESH
RESPONDENTS:
1 VETTATHOOR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY
THELEKKAD POST, PATTIKKAD (VIA)
MALAPPURAM DISTRICT 679 325
2 THE SECRETARY
VETTATHOOR GRAMA PANCHAYATH
THELEKKAD POST, PATTIKKAD (VIA)
MALAPPURAM DISTRICT 679 325
3 THE TAHSILDAR
PERINTHALMANNA TALUK
CIVIL STATION, PERINTHALMANNA P.O,
MALAPPURAM DISTRICT
4 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE,CIVIL STATION,
PERINTHALMANNA P.O,
MALAPPURAM DISTRICT
ADDL.R5 PATHUMMATHU SUHARA
AGE NOT KNOWN, W/O P.C.MUHAMMED MASTER, PUTHENNGOTTU
HOUSE, KAPPU, THELAKKAD PO, PATTIKKADU IVIA),
MALAPPURAM DISTRICT-679325.
WP(C) No.40900 of 2017
2
ADDL.R6 AISHUMMA
AGE NOT KNOWN, W/O MUHAMMED HASSAN,
PUTHENNGOTTU HOUSE, KAPPU, THELAKKAD PO,
PATTIKKADU IVIA), MALAPPURAM DISTRICT-679325.
ADDL.R5 AND R6 ARE IMPLEADED AS PER ORDER DATED
30.01.2018 IN I.A.NO.1401/2018.
BY ADVS.
SRI. ABU SIDDIK P-R1 AND R2
SRI. BALAGANGADGARAN UNIKKAT-R5
SRI U.K.DEVIDAS-R6
SMT. DEEPA NARAYANAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.40900 of 2017
3
JUDGMENT
Dated this the 12th day of January, 2023
The petitioner is before this Court aggrieved by the
encroachments made on a public road leading to a
crematorium.
2. The petitioner states that he is a permanent resident
of Vettathoor Grama Panchayat. There were encroachments
on the public road. The petitioner submitted complaints
against the illegal encroachments. The respondents are not
taking any steps to evict the encroachers.
3. The counsel for the additional 5 th respondent
submitted that the additional 5 th respondent is residing for long
years in her own property which has a valid title deed. She
has not encroached upon any public road or public land.
4. The Government Pleader submits that if Ext.P6
representation is received and pending before the 3 rd
respondent, appropriate steps can be taken thereon.
5. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondents 3
WP(C) No.40900 of 2017
and 4 and the counsel appearing for the additional 5 th
respondent.
6. As the grievance projected by the petitioner is relating
to encroachment of a public road and since the petitioner has
submitted Ext.P6 representation in this regard, I am of the
view that the 3rd respondent shall consider the representation
and take action, if any warranted, in accordance with law.
Therefore, the writ petition is disposed of directing the 3 rd
respondent-Tahsildar to consider Ext.P6 representation
submitted by the petitioner and take appropriate action as is
warranted in the circumstances of the case.
Sd/-
N. NAGARESH, JUDGE
smm
WP(C) No.40900 of 2017
APPENDIX OF WP(C) 40900/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED
DATED 27-3-1982
EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED
UNDER RIGHT TO INFORMATION ACT DATED 9-
6-2016
EXHIBIT P3 TRUE COPY OF THE REPLY OBTAINED BY THE
PETITIONER UNDER RIGHT TO INFORMATION
ACT DATED 30-06-2016
EXHIBIT P4 TRUE COPY OF THE REPLY DATED 25-3-2017
OBTAINED BY THE PETITIONER UNDER RIGHT
TO INFORMATION ACT
EXHIBIT P5 TRUE COPY RECEIPT DATED 6-7-2017 ISSUED
BY THE 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 7-11-
EXHIBIT P7 TRUE COPY THE NEWS ITEM PUBLISHED IN
MALAYALA MANORAMA DAILY ON 9-9-2017
WITH REGARD TO THE PRESENT CONDITION OF
THE CREMATORIUM
