Jayanthy. C vs State Of Kerala
2024 Latest Caselaw 5066 Ker

Kerala High Court

Jayanthy. C vs State Of Kerala on 15 February, 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 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        WP(C) NO. 13154 OF 2014
PETITIONER:

          JAYANTHY. C
          AGED 44 YEARS, W/O. PRASANNAKUMAR, PUTHENPARAMBIL
          HOUSE, VALIYAPARAMPU P.O., KIZHAKKE KARA VADAKKU MURI,
          THRIKKUNNAPPUZHA VILLAGE, KARTHIKAPALLY TALUK,
          ALAPPUZHA DISTRICT - 690 566.
          BY ADVS.
          SRI.G.BENO
          RAJI S


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DEPUTY DIECTOR
          OF PANCHAYATH, OFFICE OF THE PANCHAYATH DEPUTY
          DIRECTOR, CIVIL STATION ROAD, ALAPPUZHA- 688 001.
    3     KARTHIKAPALLY GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH,
          KARTHIKAPALLY, KARTHIKAPALLY P.O.,
          ALAPPUZHA DISTRICT - 690 516.
    4     THE SECRETARY
          KARTHIKAPALLY GRAMA PANCHAYATH, KARTHIKAPALLY P.O,
          ALAPPUZHA DISTRICT - 690 516.
          BY ADV.
          SRI.M.R.SUDHEENDRAN - R3 & R4
          SRI.B.S.SYAMANTAK, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13154 OF 2014


                                2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 13154 of 2014
     ----------------------------------------------
    Dated this the 15th day of February, 2024


                       JUDGMENT

The above writ petition is filed with the following

prayers:

"A) Call for the records relating the Exbt-P1 to Exb-P14 from the Respondents.

B) To issue a Writ in the nature of Certiorari or any other appropriate writ Or order quashing Exbt- P4 and Exbt-P8 issued by the 4th respondent.

C) Issue a Writ of Mandamus or any other appropriate writ Or order directing the respondents to permit the petitioner to continue the construction of the compound wall in the her property in Re-

survey No.1/5 and 1/6/2 of the Karthikappally Village.

D) Declare that the respondents have no authority to interfere with the property in Re-survey No.1/5 and 1/6/2 of the Karthikappally Village belongs to the petitioner with respect to the construction of boundary wall and the demolition of WP(C) NO. 13154 OF 2014

extension of the building there in.

AND E) Such other reliefs which is deemed to be fit and proper to this Hon'ble Court in the facts and circumstance of this case"[SIC]

2. It is the case of the petitioner that the

disputed pathway running through the property of the

petitioner and the petitioner had provided 3 meter

width property to the above pathway. It is also

submitted that, as per Ext.P1 sale deed there is

specific recital to the pathway for ply of vehicles

through the pathway. It is also submitted that the

petitioner has not made any hindrance to the ply of

vehicles and the use of public through the said

pathway. The 4th respondent issued Exts.P4 and P8

notices to the petitioner alleging that as per Ext.P7

Asset Register the said pathway has 3.5 meters width

and the construction of the foundation of the

boundary wall and the extension of the petitioner's WP(C) NO. 13154 OF 2014

building is violating the provisions of Panchayath Raj

Act. Aggrieved by the same, this Writ petition is filed.

3. After hearing the counsel appearing for the

petitioner and after going through the pleadings in

this Writ petition, I am of the considered opinion that

these are matters to be redressed by the petitioner by

approaching the Civil court.

Granting liberty to the petitioner to approach the

Civil court, this Writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13154 OF 2014

APPENDIX OF WP(C) 13154/2014

PETITIONER EXHIBITS EXHIBIT-P1-TRUE COPY OF THE SALE DEED NO. 687/97 DATED 25/03/1997 OF SRO, CHEPPAD.

EXHIBIT-P2-TRUE COPY OF THE JUDGMENT DATED 29/11/2008 OF O.S 123/2006 OF THE HONOURABLE MUNSIFF COURT, HARIPAD.

EXHIBIT-P3-TRUE COPY OF THE LETTER NO. C4-1815/12 DATED 21/04/2012 EXHIBIT-P4-TRUE COPY OF THE LETTER NO. C4-1815/12 DATED 22/05/2012. EXHIBIT-P5-TRUE COPY REPORT DATED 27/04/2012 OF PANCHAYATH COMMITTEE. EXHIBIT-P6-TRUE COPY OF THE LETTER NO. C3-2370/2012 DATED 04/06/2012 UNDER THE RIGHT TO INFORMATION ACT. ECHIBIT-P7-TRUE COPY OF THE ROAD REGISTER OF THE 3RD RESPONDENT. EXHIBIT-P8-TRUE COPY OF THE NOTICE DATED 28/02/2013 FOR DEMOLITION EXHIBIT-P9-TRUE COPY OF THE SUIT O.S 226/2013 BEFORE THE HONOURABLE MUNSIFF COURT, HARIPAD.

EXHIBIT-P10-TRUE COPY OF THE LETTER NO. E-5276/12/K.DIS DATED 08/03/2013.

EXHIBIT-P11-TRUE COPY OF THE LETTER NO. C3-2974/12 DATED 26/07/2012 AND WP(C) NO. 13154 OF 2014

THE INFORMATION SOUGHT UNDER RT ACT. EXHIBIT-P12-TRUE COPY OF THE APPEAL DATED 05/09/2012 BEFORE THE STATE INFORMATION COMMISSION.

EXHIBIT-P13-TRUE COPY OF THE ORDER DATED 21/01/2014 IN APPEAL PETITION NO. 1932(2) /2012/SIC OF THE HONOURABLE STATE INFORMATION. EXHIBIT-P14-TRUE COPY OF THE LETTER NO. C3-684/2014 DATED 26/02/2014 ISSUED BY THE 4TH RESPONDENT.

RESPONDENTS EXHIBITS : NIL

           //TRUE COPY//            PA TO JUDGE