Cherian @ Babu vs State Of Kerala
2024 Latest Caselaw 9585 Ker

Kerala High Court

Cherian @ Babu vs State Of Kerala on 4 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
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                         WP(C) NO. 8189 OF 2017
PETITIONER:

          CHERIAN @ BABU
          AGED 59 YEARS
          NAREVEETTIL, KAKKANAD KARA,VAZHAKKALA, ERNAKULAM.

          BY ADVS.
          SMT.K.P.SANTHI
          SMT.DHANYA BABU


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,LOCAL SELF
          GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM -
          695 001.

    2     KIZHAKKAMBALAM GRAMA PANCHAYAT
          KIZHAKKAMBALAM - 682 030,REPRESENTED BY ITS SECRETARY.

    3     THE SECRETARY
          KIZHAKKAMBALAM GRAMA PANCHAYAT,KIZHAKKAMBALAM - 682
          030.

    4     ROAD VIKASANA COMMITTEE
          REPRESENTED BY ITS CONVENER,KILITHATTIL HOUSE,
          MANAKKAKADAVU,KIZHAKKAMBALAM - 682 030.

          BY ADVS.
          SHRI.ABRAHAM P.MEACHINKARA, SC, KIZHAKKAMBALAM GRAMA
          PANCHAYAT
          SRI.THOMAS GEORGE, SC, KIZHAKKAMBALAM GRAMA PANCHAYAT


OTHER PRESENT:
           SRI.RIYAL DEVASSY, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.8189 of 2017


                                  2


                 P.V.KUNHIKRISHNAN,J.
              ---------------------
                 W.P (C) No.8189 of 2017
          ---------------------------
             Dated this the 4th day of April, 2024

                            JUDGMENT

This writ petition is filed with the following prayers:-

"i) issue a writ of mandamus or such other writ, direction or order compelling respondents 2 to 4 not to demolish the boundary wall of the petitioner's property or to make any construction in the petitioner's property.

ii) issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case." [SIC]

2. The main grievance of the petitioner is that the

boundary wall of the petitioner is demolished

unauthorisedly by the 4th respondent. Admittedly, the

boundary wall is demolished. If the petitioner has got a

grievance that the boundary wall belongs to him and it is

demolished without any authority, the petitioner can

approach the Civil Court with an appropriate relief.

Granting liberty to the petitioner to approach the Civil

Court, this writ petition is disposed of. If any civil

proceedings are initiated, the time during which this writ

petition was pending will be excluded while deciding the

limitation, if any.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng

APPENDIX OF WP(C) 8189/2017

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE SALE DEED NO.1645/2009 OF S.R.O., PUTHENCRUZ.

EXHIBIT P2. TRUE COPY OF THE TAX RECEIPT DATED 19.10.2016 ISSUED BY THE VILLAGE OFFICER, KIZHAKKAMBALAM.

EXHIBIT P3. TRUE COPY OF THE PHOTOGRAPH SHOWING THE DEMOLITION EFFECTED BY THE 4TH RESPONDENT.

EXHIBIT P4. TRUE COPY OF THE NOTICE DATED 04.03.2017 ISSUED TO RESPONDENTS 2 & 4.