Kerala High Court
M.V.Premkumar vs Valapad Grama Panchayath on 8 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 33783 OF 2016 and conn. Cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 33783 OF 2016
PETITIONER/S:
1 SUBRAHMANIAN
AGED 60 YEARS
S/O.RAMAN KUNJI, VALIYAPARAMBIL, KODUNGALLUR TALUK,
PANANGAD VILLAGE, THRISSUR.
2 SATHYABHAMA
W/O.SUBRAHMANIAN,VALIYAPARAMBIL, KODUNGALLUR TALUK,
PANANGAD VILLAGE, THRISSUR.
BY ADVS.
SRI.K.I.MAYANKUTTY MATHER
SRI.R.JAIKRISHNA
RESPONDENT/S:
1 VALAPAD GRAMA PANCHAYAT.
VALAPAD, THRISSUR-680 567,REPRESENTED BY ITS
SECRETARY.
2 SECRETARY
VALAPAD GRAMA PANCHAYATH,VALAPAD, THRISSUR-680 567.
3 E.K.THOMAS
PRESIDENT, VALAPAD GRAMA PANCHAYATH,VALAPAD,
THRISSUR-680 567.
4 MANOJ MATHEW
PALATHARA CONSTRUCTIONS, VAZHAPPILLY PO, KOTTAYAM-
686 673.
5 P.N.SUCHINTH
S/O.NARAYANAN, PULLAT HOUSE,EDAMUTTOM PO, THRISSUR-
680 568,CONVENOR OF EDAMUTTOM BEACH ROADCONSTRUCTION
WP(C) NO. 33783 OF 2016 and conn. Cases 2
COMMITTEE.
6 T.U.UDAYAN
S/O.UPENDRAN, THARAYIL HOUSE,KAZHIMBRAM PO,
EDAMUTTOM-680 568,CONVENOR OF EDAMUTTOM BEACH
ROADCONSTRUCTION COMMITTEE.
7 LENY HARIDAS
WARD MEMBER OF WARD NO.15,VALAPAD GRAMA
PANCHAYATH,VALAPAD, THRISSUR-680 567.
8 EXECUTIVE ENGINEER
PROJECT IMPLEMENTATION UNIT (PIU),DISTRICT
PANCHAYATH, DSMS BUILDING HALL,OLARIKKARA, PULLAZHY
PO, TRICHUR-680 012.
9 SUB INSPECTOR OF POLICE
VALAPAD POLICE STATION, VALAPAD,THRISSUR-680 567.
10 VILLAGE OFFICER
VALAPAD VILLAGE, THRISSUR-680 567.
BY ADVS.
SRI.RAJIT
SMT.P.R.REENA
SRI.MANU SEBASTIAN
OTHER PRESENT:
SRI RIYAL DEVASSY, GP,
SRI.RAJ PRADEEP R, R1 & R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, ALONG WITH WP(C).26765/2016, 30778/2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33783 OF 2016 and conn. Cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 26765 OF 2016
PETITIONER/S:
1 P.D.RADHAKRISHNAN
AGED 55 YEARS
S/O.P.V.DHARMARAJAN, PATHATT HOUSE, P.O.NATTIKA,
THRISSUR DISTRICT.
2 SUDHA K.M.
W/O.LATE SATHYADEVAN M.P., MARATH HOUSE, EDAMUTTOM
P.O., THRISSUR DISTRICT.
3 SANKARANARAYANAN M.P.
S/O.PARU, MARATH HOUSE, EDAMUTTOM P.O., THRISSUR
DISTRICT.
4 NIRMALA V.S.
W/O.SHOBANAN M.P., MARATH HOUSE, EDAMUTTOM P.O.,
THRISSUR DISTRICT.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 VALAPAD GRAMA PANCHAYATH
VALAPAD, THRISSUR - 680 567, REPRESENTED BY ITS
SECRETARY.
2 SECRETARY
VALAPAD GRAMA PANCHAYATH, VALAPAD, THRISSUR - 680
567.
3 E.K.THOMAS
PRESIDENT, VALAPAD GRAMA PANCHAYATH, VALAPAD,
WP(C) NO. 33783 OF 2016 and conn. Cases 4
THRISSUR - 680 567.
4 MANOJ MATHEW
PALATHARA CONSTRUCTIONS, VAZHAPPILLY P.O., KOTTAYAM
- 686 673.
5 P.N.SUCHINTH
S/O.NARAYANAN, PULLAT HOUSE, EDAMUTTOM P.O.,
THRISSUR - 680 568 CONVENOR OF EDAMUTTOM BEACH ROAD
CONSTRUCTION COMMITTEE
6 LENY HARIDAS
WARD MEMBER OF WARD NO.15, VALAPAD GRAMA PANCHAYATH,
VALPAD, THRISSUR - 680 567.
7 SUB INSPECTOR OF POLICE
VALAPAD POLICE STATION, VALAPAD, THRISSUR - 680 567.
8 EXECUTIVE ENGINEER
PROJECT IMPLEMENTATION UNIT (PIU), DISTRICT
PANCHAYATH, DSMS BUILDING, OLARIKKARA, PULLAZHI
P.O., THRISSUR-680012.
BY ADVS.
SRI.RAJIT
SRI.J.JULIAN XAVIER, SRI.RAJ PRADEEP (R1 TO R3)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, ALONG WITH WP(C).33783/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33783 OF 2016 and conn. Cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 30778 OF 2016
PETITIONER/S:
M.V.PREMKUMAR
AGED 64 YEARS
S/O.VELAYUDHAN, MARATH HOUSE, KAZHIMBRAM BEACH ROAD,
EDAMUTTOM.
BY ADVS.
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
ALEX THOMAS
ARJUN RAJA P.C.
RESPONDENT/S:
1 VALAPAD GRAMA PANCHAYATH
VALAPAD, THRISSUR -680567, REPRESENTED BY ITS
SECRETARY.
2 SECRETARY
VALAPAD GRAMA PANCHAYATH VALAPAD, THRISSUR -680567
3 E K THOMAS
PRESIDENT, VALAPAD GRAMA PANCHAYATH VALAPAD,
THRISSUR -680567
4 MANOJ MATHEW
PALATHARA CONSTRUCTIONS, VAZHAPPILLY P O, KOTTAYAM-
686673.
5 P N SUCHINTH
WP(C) NO. 33783 OF 2016 and conn. Cases 6
S/O.NARAYANAN, PULLAT HOUSE, EDAMUTTOM P O,
THRISSUR-680568, CONVENOR OF EDAMUTTOM BEACH ROAD
CONSTRUCTION COMMITTEE.
6 T U UDAYAN
S/O.UPENDRAN, THARAYIL HOUSE, KAZHIMBRAM P O,
EDAMUTTOM-680568, CONVENOR OF EDAMUTTOM BEACH ROAD
CONSTRUCTION COMMITTEE
7 LENY HARIDAS
WARD MEMBER OF WARD NO 15, VALAPAD GRAMA PANCHAYATH
VALAPAD, THRISSUR -680567.
8 EXCUTIVE ENGINEER
PROJECT IMPLEMENTATION UNIT (PIU), DISTRICT
PANCHAYATH, DSMS BUILDING HALL, OLARIKKARA, PULLAZHY
P O, TRICHUR-680012.
9 SUB INSPECTOR OF POLICE
VALAPAD GRAMA PANCHAYATH VALAPAD, THRISSUR -680567.
10 VILLAGE OFFICER
VALAPAD VILLAGE, VALAPAD, THRISSUR -680567
BY ADVS.
SRI.RAJIT
SMT.P.R.REENA
GOVERNMENT PLEADER, SRI.RAJ PRADEEP (R1 TO R3)SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, ALONG WITH WP(C).33783/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33783 OF 2016 and conn. Cases 7
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) Nos. 26765, 30778 & 33783 OF 2016
-------------------------------------------------------
Dated this the 8th day of February, 2024
JUDGMENT
These writ petitions are connected and therefore, I am
disposing of these writ petitions by a common judgment.
2. These writ petitions are filed mainly challenging the
action of the respondents to demolish the boundary wall and
shop rooms in the petitioners' property alleging encroachment
into the property abutting the Edamuttom Beach-Jawan Corner
Panchayat Road.
3. Today, the counsel for the petitioners in W.P.(C.) No.
33783/2016 submitted that the property is already taken
possession by the Panchayat and no compensation is paid. It is
also submitted that no procedure for acquisition is followed
while taking possession of the property. Since the property is
already taken possession by the Panchayat, I think the prayers
in these writ petitions are infructuous. The petitioners are free
to agitate regarding their claim for compensation, if they have
got title in the property.
Granting liberty to the petitioners to agitate the same
separately, these writ petitions are closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 26765/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPIES OF THE LATEST PROPERTY TAX
RECEIPTS OF THE 1ST PETITIONER
EXHIBIT P1(A) TRUE COPIES OF THE LATEST PROPERTY TAX
RECEIPTS OF THE 2ND PETITIONER
EXHIBIT P1(B) TRUE COPIES OF THE LATEST PROPERTY TAX
RECEIPTS OF THE 3RD PETITIONER.
EXHIBIT P1(C) TRUE COPIES OF THE LATEST PROPERTY TAX
RECEIPTS OF THE 4TH PETITIONER
EXHIBIT P1(D) TRUE COPIES OF THE LATEST PROPERTY TAX
RECEIPTS OF THE 4TH PETITIONER
EXHIBIT P2 PHOTOGRAPH TO DEMONSTRATE THE EXTENT OF
DAMAGE AND TRESPASS COMMITTED BY THE
RESPONDENTS 1 TO 6
EXHIBIT P2(A) PHOTOGRAPH TO DEMONSTRATE THE EXTENT OF
DAMAGE AND TRESPASS COMMITTED BY THE
RESPONDENTS 1 TO 6
EXHIBIT P2(B) PHOTOGRAPH TO DEMONSTRATE THE EXTENT OF
DAMAGE AND TRESPASS COMMITTED BY THE
RESPONDENTS 1 TO 6
EXHIBIT P2(C) PHOTOGRAPH TO DEMONSTRATE THE EXTENT OF
DAMAGE AND TRESPASS COMMITTED BY THE
RESPONDENTS 1 TO 6
EXHIBIT P3 TRUE COPY OF THE COMPLAINT FILED BY THE
2ND PETITIONER.
EXHIBIT P3(A) TRUE COPY OF THE COMPLAINT FILED BY THE
3RD PETITIONER
EXHIBIT P3(B) TRUE COPY OF THE COMPLAINT FILED BY THE
4TH PETITIONER
EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT GIVEN FROM
THE OFFICE OF THE 7TH RESPONDENT.
EXHIBIT P4(A) TRUE COPY OF THE ACKNOWLEDGMENT GIVEN FROM
THE OFFICE OF THE 7TH RESPONDENT
EXHIBIT P4(B) TRUE COPY OF THE ACKNOWLEDGMENT GIVEN FROM
THE OFFICE OF THE 7TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE COMPLAINT FILED BY THE
1ST PETITIONER'S FATHER BEFORE THE 7TH
RESPONDENT.
APPENDIX OF WP(C) 30778/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPIES OF THE LATEST PROPERTY TAX
RECEIPT OF THE PETITIONER DTD 28/3/2016
EXHIBIT P2 PHOTOGRAPH DISCLOSING THE ORIGINAL
CONDITION OF THE COMPOUND WALL AND
EXISTENCE OF COCONUT AND ARECANUT TREES
DTD NJIL
EXHIBIT P3 PHOTOGRAPH DISCLOSING THE HIGHHANDED
DEMOLITION AND TRESPASS CMMITTED BY
RESPONDENTS 2 TO 8 DTD NIL
EXHIBIT P3(A) PHOTOGRAPH DISCLOSING THE HIGHHANDED
DEMOLITION AND TRESPASS COMMITTED BY
RESPONDENTS 2 TO 8 WIDENING DTD NIL
EXHIBIT P4 PHOTOGRAPH DISCLOSING THE BOARD AFFIXED ON
THE SIDE OF THE ROAD DISCLOSING THE
PROGRAMME OF ROAD WIDENING DTD NIL
EXHIBIT P4(A) PHOTOGRAPH DISCLOSING THE BOARD AFFIXED ON
THE SIDE OF THE ROAD DISCLOSING THE
PROGRAMME OF ROAD WIDENING DTD NIL.
APPENDIX OF WP(C) 33783/2016
PETITIONER EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE SALE DEED NO.11 OF 2015.
EXHIBIT P1(A) : TRUE COPIES OF THE LATEST PROPERTY TAX
RECEIPT OF THE PETITIONERS 1 AND 2.
EXHIBIT P2 : PHOTOGRAPH DISCLOSING THE HIGHHANDED
DEMOLITION AND TRESPASS COMMITTEED BY
RESPONDENTS 2 TO 8.
EXHIBIT P2(A) : PHOTOGRAPH DISCLOSING THE HIGHHANDED
DEMOLITION AND TRESPASS COMMITTEED BY
RESPONDENTS 2 TO 8.
EXHIBIT P2(B) : PHOTOGRAPH DISCLOSING THE HIGHHANDED
DEMOLITION AND TRESPASS COMMITTEED BY
RESPONDENTS 2 TO 8.
EXHIBIT P2(C) : PHOTOGRAPH DISCLOSING THE HIGHHANDED
DEMOLITION AND TRESPASS COMMITTEED BY
RESPONDENTS 2 TO 8.
EXHIBIT P3 : PHOTOGRAPH DISCLOSING THE BOARD AFFIXED ON
THE SIDE OF THE ROAD DISCLOSING THE
PROGRAMME OF ROAD WIDENING.
EXHIBIT P3(A) : PHOTOGRAPH DISCLOSING THE BOARD AFFIXED ON
THE SIDE OF THE ROAD DISCLOSING THE
PROGRAMME OF ROAD WIDENING.
