Sandeep G.S vs Venganoor Grama Panchayath
2024 Latest Caselaw 10927 Ker

Kerala High Court

Sandeep G.S vs Venganoor Grama Panchayath on 12 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                            WP(C) NO. 11796 OF 2017
PETITIONER:

              SANDEEP G.S
              S/O GANGADHARAN NAIR, T.C.23/701(1), PAVITHRAM,CHALAI P.O.,
              THIRUVANANTHAPURAM, REPRESENTED BY HIS POWER OF
              ATTORNEY HOLDER AND BROTHER, G.S.SANTHOSH, S/O
              GANGADHARAN NAIR, RESIDINGAT PAVITRAM, T.C.23/702,
              VALIYASALA, CHALAI P.O., THIRUVANANTHAPURAM.

              BY ADV SRI.M.SREEKUMAR



RESPONDENTS:

     1        VENGANOOR GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY, VENGANOOR,
              THIRUVANANTHAPURAM-695523.

     2        SECRETARY
              VENGANOOR GRAMA PANCHAYATH, VENGANOOR,
              THIRUVANANTHAPURAM-695 523.

     3        JAYAKUMARI S
              MEMBER, KADAVINMOOLA WARD, VENGANOOR GRAMAPANCHAYATH,
              RESIDING AT A.J. BHAVAN, KIZHAKKETHARATHALA, KOLIYOOR,
              MUTTACAUD P.O.,THIRUVANANTHAPURAM-695 523.

              BY ADVS.
              SRI. RAJESH KANNAN
              SRI.POOVAPPALLY M.RAMACHANDRAN NAIR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11796 OF 2017


                                  2


              P.V.KUNHIKRISHNAN, J.
          --------------------------------------------
              W.P.(C) No.11796 of 2017
         ----------------------------------------------
       Dated this the 12th day of April, 2024

                          JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) to declare that respondents are not entitled to utilise any portion of petitioner's property comprised in Re.Sy.No.202(6) of Venganoor Village without acquiring the same under due process of law and to issue a writ of mandamus or other appropriate writ direction or order commanding respondents to desist from forcibly taking any portion of petitioner's property comprised in Re.Sy.No.202(6) of Venganoor Village in the interest of justice;

and

(ii) such other reliefs that this Hon'ble Court may deem fit;" SIC

2. When this writ petition came up for WP(C) NO. 11796 OF 2017

consideration on 04.04.2017, this Court passed the

following order:

"Admit.

Issue notice by speed post to respondents 1, 2 and 3.

Post after vacation.

There will be an interim direction to the respondent Panchayath not to effect any construction, through the property of the petitioner,

in the meanwhile."

Retaining the above order, this writ petition can

be closed. Therefore, order dated 04.04.2017 is made

absolute. But, I make it clear that the respondent

Panchayath is free to take possession of the property

of the petitioner after following the procedure

established by law. Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 11796 OF 2017

APPENDIX OF WP(C) 11796/2017

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF SETTLEMENT DEED NO.2272/2014 OF SUB REGISTRY OFFICE, THIRUVALLAM DATED 31.10.2014.

EXHIBIT P2: TRUE COPY OF LAND TAX RCEIPT NO.0200599 DATED 8.12.16 ISSUED FROM THE VILLAGE OFFICE, VENGANOOR TO THE PETITIONER.

RESPONDENTS EXHIBITS           :       NIL


                          //TRUE COPY//


                           PA TO JUDGE