Jagadheeswaran vs The District Collector, Palakkad
2023 Latest Caselaw 7234 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                       WP(C) NO. 26124 OF 2019
PETITIONER:

          JAGADHEESWARAN
          AGED 49 YEARS
          S/O.MAYAPPAN, PARAKKALATHIL HOUSE, CHITTUR TALUK,
          NALLEPPILLY VILLAGE, NALLEPPILLY P.O.,
          PALAKKAD DISTRICT, PIN-678 553.
          BY ADVS.
          JACOB SEBASTIAN
          SRI.K.V.WINSTON
          SMT.ANU JACOB


RESPONDENTS:

      1       THE DISTRICT COLLECTOR, PALAKKAD,
              CIVIL STATION, COLLECTORATE P.O., PALAKAKD DISTRICT,
              PIN-678 001.
      2       THE TAHSILDAR, CHITTUR,
              TALUK OFFICE, CHITTUR P.O., PALAKKAD DISTRICT
              PIN-678 101.
      3       THE VILLAGE OFFICER, NALLEPPILLY VILLAGE,
              CHITTUR TALUK, NALLEPPILLY P.O.,
              PALAKAKD DISTRICT, PIN-678 553.
      4       NALLEPPILLY GRAMA PANCHAYT,
              PANCHAYAT OFFICE, NALLEPPULLY P.O., CHITTUR TALUK,
              PALAKKAD DISTRICT-678 553,
              REPRESENTED BY ITS SECRETARY.
      5       THE SECRETARY, NALLEPPILLY GRAMA PANCHAYAT,
              PANCHAYAT OFFICE, NELLEPPILLY P.O., CHITTUR TALUK,
              PALAKAKD DISTRICT, PIN-678 553.
      6       ARUMUGHAN,
              AGED 86 YEARS
              S/O.DHARMAANDI, PAARAKKALATHIL HOUSE,
              NALLEPPILLY VILLAGE, CHITTUR TALUK, NALLEPPILLY
              P.O., PALAKKAD DISTRICT, PIN-678 553.
      7       KAMALAM,
              AGED 83 YEARS
              D/O.DHARMAANDI, PAARAKKALATHIL HOUSE,
              NALLEPPILLY VILLAGE, CHITTUR TALUK, NALLEPPILLY
              P.O., PALAKAKD DISTRICT, PIN-678 553.
 WP(C) NO. 26124 OF 2019        2

    8     SARASU,
          AGED 61 YEARS
          W/O.PRABHAKARAN, PAARAKKALATHIL HOUSE,
          NALLEPPILLY VILLAGE, CHITTUR TALUK,
          NALLEPPILLY P.O., PALAKKAD DISTRICT, PIN-678 553.
    *9    JANAKI
          W/O. T.ARUMUGHAN, PAARAKKALATHIL HOUSE,
          NALLEPPILLI VILLAGE, CHITTUR TALUK, NALLEPPILLI
          P.O., PALAKKAD DISTRICT, PIN-678 553.
   *10    VALSALA,
          D/O. T.ARUMUGHAN, PAARAKKALATHIL HOUSE, NALLEPPILLI
          VILLAGE, CHITTUR TALUK, NALLEPPILLI P.O.,
          PALAKKAD DISTRICT, PIN-678 553.
   *11    AMBIKA,
          D/O. T.ARUMUGHAN, PAARAKKALATHIL HOUSE, NALLEPPILLI
          VILLAGE, CHITTUR TALUK, NALLEPPILLI P.O.,
          PALAKKAD DISTRICT, PIN-678 553.
   *12    RAMAKRISHNAN,
          S/O. T.ARUMUGHAN, PAARAKKALATHIL HOUSE, NALLEPPILLI
          VILLAGE, CHITTUR TALUK, NALLEPPILLI P.O.,
          PALAKKAD DISTRICT, PIN-678 553.
   *13    RADHAKRISHNAN,
          S/O. T.ARUMUGHAN, PAARAKKALATHIL HOUSE,
          NALLEPPILLI VILLAGE, CHITTUR TALUK, NALLEPPILLI
          P.O., PALAKKAD DISTRICT, PIN-678 553.
   *14    SAJITHA
          D/O. T.ARUMUGHAN, PAARAKKALATHIL HOUSE, NALLEPPILLI
          VILLAGE, CHITTUR TALUK, NALLEPPILLI P.O., PALAKKAD
          DISTRICT, PIN-678 553.
          *(ADDITIONAL R9 TO R14 IMPLEADED AS PER ORDER DATED
          12.11.2021 IN I.A.02/2020 IN WPC 26124/2019)
          BY ADVS.
          Nirmal S
          SYAM J SAM J
          SRI.R.SUDHISH
          SMT.M.MANJU
          SMT.KEERTHI JOHNSON
          Sri.Riyal Devassy[GP]
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26124 OF 2019             3

                               JUDGMENT

The petitioner alleges that, in spite of Exts.P2 to P4 and P6

orders issued by the 2nd respondent - Tahsildar and 5th respondent -

Panchayat respectively, no action has been till now taken against

respondents 7 to 14, to remove the encroachments made by them on

the Government Puramboke land in Block No.38, Resurvey No.402/9

comprised of 0.375 hectors of Nalleppilly Village, Chittur Taluk.

2. Before moving on, I must record that, pending this lis,

respondent No.6 died and his legal heirs have been brought on record

as respondents 9 to 14.

3. Smt.Keerthi Johnson - learned counsel representing

Sri.S.Nirmal - learned Standing Counsel appearing for the 5 th

respondent - Panchayat, affirmed that Exts.P2 to P4 and P6 orders are

still alive, but that his clients are unable to enforce the same on

account of the violent obstructions caused by respondents 7 to 14.

4. I notice that even though respondents 7 to 14 have been

validly served, they are neither present in person nor represented

through counsel; inferentially guiding me to the impression that they

have nothing to offer in answer to the various allegations of the

petitioner in this writ petition.

5. When I hear Sri.S.Nirmal as above, it is obvious that, as long

as Exts.P2 to P4 and P6 orders are in force, it is the undeniable duty of

the Panchayat to act as per its terms and take necessary action

against respondents 7 to 14, notwithstanding any obstructions that

may be caused by them. Of course, it will be a different scenario

altogether if the said respondents have obtained any orders from a

competent Court; but in the absence of any such being placed on

record by them, this Court can only presume that there are no such.

In the afore circumstances, I allow this writ petition and direct

the competent Authority of the 5 th respondent - Panchayat to act as

per Exts.P2 to P4 and P6 orders and complete steps thereon against

respondents 7 to 14, if required, seeking assistance from all

Authorities concerned, including the Police, as expeditiously as is

possible, but not later than four months from the date of receipt of a

copy of this judgment.

Needless to say, if respondents 7 to 14 have obtained any

interdictory orders against the afore proceedings of the Panchayat

from any competent Court, same shall also be adverted to and kept in

mind by the Panchayat while completing the afore exercise.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/27.6

APPENDIX OF WP(C) 26124/2019

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR, CHITTUR DATED JULY 30, 2016 ALONG WITH THE APPENDED SURVEY SKETCH, CLEARLY SHOWING THE ENCROACHMENT.

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED MARCH 15, 2017 ISSUED BY THE SECOND RESPONDENT AGAINST RESPONDENT 6.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED MARCH 15, 2017 ISSUED BY THE SECOND RESPONDENT AGAINST RESPONDENT 7.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED MARCH 15, 2017 ISSUED BY THE SECOND RESPONDENT AGAINST RESPONDENT 8.

EXHIBIT P5 A TRUE COPY OF THE INFORMATION FURNISHED BY THE THIRD RESPONDENT DATED OCTOBER 4, 2018.

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED JUNE 18, 2019 ISSUED BY THE FIRTH RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE INFORMATION ISSUED BY THE FIRTH RESPONDENT ON JULY 18, 2019. RESPONDENT EXHIBIT EXHIBIT R6(A) COPY OF THE PLAINT IN O.S.NO.293/2019 ON THE FILE FO THE MUNSIFF COURT, CHITTUR. EXHIBIT R6(B) COPY OF THE PETITIONS FILED BY 6TH RESPONDENT DATE 23.1.2020 BEFORE THE ADDITIONAL TAHSILDAR, CHITTOOR TALUK. EXHIBIT R6(C) COPY OF THE PETITIONS FILED BY 7TH RESPONDENT DATED 23.1.2020 BEFORE THE ADDITIONAL TAHSILDAR, CHITTOOR TALUK EXHIBIT R6(D) COPY OF THE RECEIPT ISSUED FROM THE TALUK OFFICE, CHITTUR TO THE 6TH RESPONDENT DATED 23.1.2020 EXHIBIT R6(E) COPY OF THE RECEIPT ISSUED FROM THE TALUK OFFICE, CHITUR TO THE 7TH RESPONDENT DATED 23.1.2020.

EXHIBIT R6(F) COPY OF THE LETTER ISSUED BY THE TAHSILDAR, CHITTUR TO THE 6TH RESPONDENT DATED 28.1.2020 EXHIBIT R6(G) COPY OF THE LETTER ISSUED BY THE TAHSILDAR, CHITTUR TO THE 7TH RESPONDENT DATED 28.1.2020.

EXHIBIT R6(H) COPY OF THE MEMORANDUM OF APPEAL FILED

BEFORE THE REVENUE DIVISIONAL OFFICER, PALAKKAD BY THE 6TH RESPONDENT DATED 29.2.2020.

EXHIBIT R6(I) COPY OF THE MEMORANDUM OF APPEAL FILED BEFORE THE REVENUE DIVISIONAL OFFICER, PALAKKAD BY THE 7TH RESPONDENT DATED 29.2.2020.

EXHIBIT R6(J) COPY OF THE PLAINT O.S.NO.100 OF 2016 FILED BEFORE THE MUNSIFF'S COURT, CHITTUR.