Purushothaman vs Secretary, Ambalapuzha South ...
2023 Latest Caselaw 11237 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                     WP(C) NO. 35346 OF 2023
PETITIONERS:

    1      PURUSHOTHAMAN, AGED 81 YEARS
           S/O LATE KITTU,
           PANAPARAMBIL HOUSE, KOMANA MURI,
           AMBALAPUZHA VILLAGE,
           ALAPPUZHA DISTRICT, PIN - 688 561.
    2      K.K. BABU, AGED 62 YEARS
           S/O KOCHUCHERUKKAN,
           PRASOONAM, KOMANA MURI,
           AMBALAPUZHA VILLAGE,
           ALAPPUZHA DISTRICT, PIN - 688 561.
           BY ADVS.
           K.S.HARIHARAPUTHRAN
           PINKU MARIAM JOSE
           ANIL KUMAR T.P.


RESPONDENTS:

    1      SECRETARY, AMBALAPUZHA SOUTH GRAMA PANCHAYATH
           AMBALAPPUZHA GRMA PANCHAYATH OFFICE,
           AMBALAPUZHA P.O.,
           ALAPPUZHA DISTRICT, PIN - 688 561.
    2      AMBALAPUZHA SOUTH GRAMA PANCHAYATH
           AMBALAPUZHA GRAMA PANCHAYATH OFFICE,
           AMBALAPUZHA P.O., ALAPPUZHA DISTRICT,
           REPRESENTED BY ITS SECRETARY, PIN - 688 561.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) 35346/2023

                                                  2




                         BECHU KURIAN THOMAS, J
                    ......................................................
                            W.P.(C).No.35346 of 2023
                     ...................................................
                   Dated this the 27th day of October, 2023


                                     JUDGMENT

Challenging Ext.P3 and P4 notices issued by the first

respondent, petitioners have preferred this writ petition.

2. Petitioners are senior citizens and are the absolute owners

in possession and enjoyment of 17 cents and 21 ½ cents of

properties comprised in Survey No.73/15A and Re-Survey

No.323/6-2 of Ambalapuzha Village respectively. Petitioners

are alleged to have encroached into a puramboke land.

3. Based upon a complaint from a neighbouring property

owner, the first respondent has issued two notices dated

18.10.2023, produced as Ext.P3 and P4, directing the

petitioners to remove the encroachments and to restore the

Puramboke property back to its original position within 15

days of receipt of the notice.

4. According to the petitioners, before issuing the notices the WP(C) 35346/2023

first respondent has not even provided an opportunity of

hearing to the petitioners. It was contended that they have

valid and substantial grounds to prove that they have not

encroached into any puramboke land and have ample

evidence to prove the same.

5. Having heard Sri.K.S.Hariharaputhran, the learned counsel

for the petitioners, I am of the view that this writ petition

can be disposed of with a direction, since Ext.P3 and Ext.P4

are only notices, which requires an opportunity of hearing

to be granted to the petitioners and a decision to be taken

only thereafter.

6. In view of the above, there will be a direction to the first

respondent to treat Ext.P3 and Ext.P4 as show cause notices

issued to the petitioners and if an objection is filed by them

within 15 days from today, a decision thereon shall be

taken, as expeditiously as possible, at any rate, within 60

days from the date of receipt of a copy of this judgment,

after granting an opportunity of hearing to the petitioners as

well as the complainant, if any.

WP(C) 35346/2023

7. Till a decision is taken, no coercive action pursuant to

Ext.P3 and Ext.P4 shall be proceeded with.

The writ petition is disposed of.

BECHU KURIAN THOMAS JUDGE AMV/27/10/2023 WP(C) 35346/2023

APPENDIX OF WP(C) 35346/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT NO.19 DATED 07-12-1987, ISSUED BY THE VILLAGE OFFICER, AMBALAPUZHA TO THE 1ST PETITIONER AND HIS WIFE, VIJAYAMMA EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT DATED 21-09-2023 ISSUED BY THE VILLAGE OFFICER, AMBALAPUZHA TO THE 2ND PETITIONER AND HIS WIFE, PRASANNA, EXHIBIT P3 TRUE COPY OF NOTICE DATED 18-10-2023, ISSUED TO THE 1ST PETITIONER BY THE RESPONDENT EXHIBIT P4 TRUE COPY OF NOTICE DATED 18-10-2023, ISSUED TO THE 2ND PETITIONER BY THE RESPONDENT