Soman vs State Of Kerala
2023 Latest Caselaw 6441 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 10837 OF 2023
PETITIONER/S:

          SHRI.SOMAN
          AGED 69 YEARS
          S/O KUMARAN, AGRICULTURIST, RESIDING AT
          PLANTHOTTATHKUNNEAL HOUSE, KANJIRAMATTOM POST,
          PIN - 682315 KANJIRAMATTOM DESOM, EDAKKATTUVAYAL
          VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT.
          BY ADVS.
          M.S.SAJEEV KUMAR
          LAKSHMI S KUMAR
          A.N.JYOTHILEKSHMI


RESPONDENT/S:

    1     STATE OF KERALA
          PUBLIC WORKS & TOURISM DEPARTMENT, SECRETARIAT,
          THIRUVANTHAPURAM, REPRESENTED BY ITS PRINCIPAL
          SECRETARY, PIN - 695001
    2     THE DISTRICT COLLECTOR
          COLLECTORATE, ERNAKULAM, PIN - 682030
    3     THE EXECUTIVE ENGINEER
          KERALA STATE TRANSPORT PROJECT (KSTP),
          DIVISION OFFICE, REST HOUSE COMPOUND,
          MUVATTUPUZHA, PIN - 686661
    4     THE TAHSILDAR (LR)
          OFFICE OF THE TAHSILDAR,
          KANAYANNUR TALUK,
          ERNAKULAM, PIN - 682011
    5     THE PRESIDENT
          EDAKKATTUVAYAL GRAMA PANCHAYATH,
          EDAKKATTUVAYAL, PIN - 682313
          BY ADV JIBU P THOMAS
          SMT. PREETHA K K (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.10837 of 2023

                                        2



                              JUDGMENT

The petitioner has approached this Court

challenging Ext.P6 notice issued by the third respondent

alleging that the petitioner has encroached upon the

boundary of the road and thereby, action is necessitated

under the provisions of the Kerala Highway Protection Act,

1999.

2. The learned counsel appearing for the

petitioner would submit that the allegation contained in

Ext.P6 is absolutely incorrect and that the petitioner has not

encroached upon any road puramboke. The learned counsel

also submits that there cannot be an unilateral determination

that the petitioner has encroached upon the road puramboke.

It is submitted that, if any action is to be taken against the

petitioner on the allegation that the petitioner has encroached

upon the road puramboke, the same has to be done after a

survey is completed with notice to the petitioner. WPC No.10837 of 2023

3. Heard the learned Government Pleader and

the learned counsel appearing for the fifth respondent

Panchayat.

4. A perusal of Ext.P6 will show that it is a notice

issued in printed form. It does not appear from Ext.P6 that

any survey has been conducted to identify the puramboke

with notice to the petitioner and therefore, I am of the view

that any action to evict the alleged encroachment can be

taken only after a survey is completed to identify the alleged

puramboke with notice to the petitioner.

Accordingly, this writ petition will stand disposed of,

directing the third respondent to cause a survey to be

conducted in respect of the property which is subject matter

of Ext.P6 notice with notice to the writ petitioner in order to

identify as to whether there is any encroachment upon the

road puramboke by the petitioner. Needful shall be done by

the third respondent within a period of two months from the

date of receipt of a certified copy of this judgment. Till a

survey is completed with notice to the petitioner and the WPC No.10837 of 2023

alleged encroachment has been properly identified, further

action pursuant to Ext.P6 shall remain suspended.

Registry shall communicate a copy of this judgment

to the third respondent for compliance.

Sd/-

GOPINATH P., JUDGE rkj WPC No.10837 of 2023

APPENDIX OF WP(C) 10837/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.1596/2002 DATED 05-09-2002 OF PIRAVOM SUB REGISTRY OFFICE Exhibit P2 TRUE COPY OF THE SALE DEED NO.944/2005 DATED 29-03-2005 OF PIRAVOM SUB REGISTRY OFFICE Exhibit P3 TRUE COPY OF THE SALE DEED NO.2046/2006 DATED 28-08-2006 OF PIRAVOM SUB REGISTRY OFFICE Exhibit P4 ELECTRONIC PRINTOUT OF POSSESSION CERTIFICATE NO.74858059 DATED 17-01-2023, ISSUED BY THE VILLAGE OFFICER, EDKATTUVAYAL Exhibit P5 ELECTRONIC PRINTOUT OF THE LAND TAX RECEIPT NO.KL07020702409/2022 DATED 26-04-2022, ISSUED BY VILLAGE OFFICER, EDAKKATTUVAYAL Exhibit P6 TRUE COPY OF THE NOTICE BEARING NO.KSTP/M/RKI/701/20 DATED 06-01-2023, ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 11-01-2023, SUBMITTED BY THE PETITIONER Exhibit P8 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 11-01-2023 Exhibit P9 TRUE COPY OF THE APPLICATION DATED 01-02-2023, SUBMITTED BY THE PETITIONER Exhibit P10 TRUE COPY OF THE REPORT BEARING NO.SR NO/REPORT NO.3/2023 DATED NIL, ISSUED BY THE VILLAGE OFFICER, EDAKKATTUVAYAL