R.Ramraj vs State Of Kerala
2024 Latest Caselaw 42 Ker

Kerala High Court

R.Ramraj vs State Of Kerala on 3 January, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
                    WP(C) NO. 8662 OF 2022
PETITIONER/S:

    1       R.RAMRAJ
            AGED 41 YEARS
            S/O. RAMAR, RESIDING AT CHOCKANAD SOUTH DIVISION
            OF MATTUPETTY ESTATE, KANNAN DEVAN HILLS
            VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN -
            685612.

    2       M. GURUSELVAM
            AGED 43 YEARS
            S/O. MARIAPPAN, RESIDING AT M.G. COLONY, KANNAN
            DEVAN HILLS VILLAGE, DEVIKULAM TALUK, IDUKKI
            DISTRICT, PIN - 685612.

            BY ADVS.
            P.B.KRISHNAN
            P.B.SUBRAMANYAN
            SABU GEORGE
            MANU VYASAN PETER



RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF REVENUE, SECRETARIAT,
            THIRUVANANTHAPURAM - 695001.

    2       THE REVENUE DIVISIONAL OFFICER
            DEVIKULAM IDUKKI - 6856513.

    3       MUNNAR GRAMA PANCHAYATH
            IDUKKI, PIN - 685612, REPRESENTED BY ITS
 WP(C) No.8662 of 2022

                                   ..2..

               SECRETARY.

    4          THE SECRETARY
               MUNNAR GRAMA PANCHAYATH, IDUKKI, PIN - 685612.

    5          LAKSHMI
               AGED 69 YEARS
               W/O. RAMAR, SOUTH DIVISION, CHOKKANADU ESTATE,
               MUNNAR - 685612.

    6          KARUPPUSWAMI
               AGED 46 YEARS
               S/O. RAMAR, SOUTH DIVISION, CHOKKANADU ESTATE,
               MUNNAR - 685612.

    7          AAMRITHARAJ
               AGED 45 YEARS
               S/O. RAMAR, SOUTH DIVISION, CHOKKANADU ESTATE,
               MUNNAR - 685612.


        THIS    WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   03.01.2024,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.8662 of 2022

                                   ..3..




                                JUDGMENT

A. MUHAMED MUSTAQUE, J.

This writ petition has been filed challenging

the action of the Munnar Grama Panchayat.

2. Under a scheme formulated in the year 2005 for

allotment of residential house to the

Scheduled Castes and Scheduled Tribes, plot

No.213 was allotted to the husband of the

fifth respondent. It appears that he has not

obtained allotment. The then Secretary of the

Munnar Grama Panchayat appears to have

allotted the plot to the petitioner in

violation of the scheme. Thereafter, the

Vigilance had initiated enquiry as against the

then Secretary of the Munnar Grama Panchayat

for creating forged document for allotment to

the first petitioner.

3. Admittedly, the petitioners were not the

..4..

original allottees. Now, it is stated that the

Munnar Grama Panchayat has already taken over

the land and handed over the same to the party

respondents and they are now occupying the

land. Such being the situation, the

petitioners are unable to substantiate any

valid claim over the land. We find no merit in

this writ petition.

The writ petition is dismissed accordingly.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

..5..

APPENDIX OF WP(C) 8662/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES (PAGE NO.295 AND 296) OF THE MINUTES BOOK CONTAINING THE RESOLUTION OF THE PANCHAYATH COMMITTEE IN THIS REGARD.

Exhibit P2 TRUE COPY OF THE SKETCH INDICATING THE LAYOUT (OF WHICH THE MIDDLE PORTION IS NOT LEGIBLE WHICH IS NOT RELEVANT FOR THE ADJUDICATION OF THE ISSUE IN HAND).

Exhibit P3 TRUE COPY OF AGREEMENT DATED 14.02.2008 EXECUTED BETWEEN PETITIONERS 1 AND 2.

Exhibit P4 TRUE COPY OF RECEIPT, DATED 11.08.2010 ISSUED BY THE PANCHAYAT.

Exhibit P5 TRUE COPY OF OWNERSHIP CERTIFICATE, DATED 04.09.2010.

Exhibit P6 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 04.09.2010.

Exhibit P7 TRUE COPY OF THE BILL DATED 30.11.2010 ISSUED BY THE KERALA STATE ELECTRICITY BOARD.

Exhibit P8 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 10.12.2015.

Exhibit P9 TRUE COPY OF THE ORDER DATED 18.01.2016 ISSUED BY THE KERALA STATE COMMISSION FOR SCHEDULE CASTE AND SCHEDULE TRIBES.

Exhibit P10 TRUE COPY OF THE LETTER NO.

Q.V.42/16/IDK DATED 27.05.2017 ISSUED BY THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, EASTERN REGION.

..6..

Exhibit P11 TRUE COPY OF REPLY SUBMITTED BY PETITIONER NO.1 ON 05.08.2018 BEFORE RESPONDENT NO.4.

Exhibit P12 TRUE COPY OF REPLY SUBMITTED BY PETITIONER NO.2 ON 03.03.2020 BEFORE RESPONDENT NO.4.

Exhibit P13 TRUE COPY OF WP(C) NO. 3977 OF 2020 DATED 11.02.2020.

Exhibit P14 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENTS 1 AND 2 IN WP(C) NO. 3977 OF 2020 DATED 02.08.2021 WITHOUT THE EXHIBITS.

Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 25.08.2021 IN WP(C) NO. 3977 OF 2020.

Exhibit P16 TRUE COPY OF THE NOTICE DATED 06.10.2021 ISSUED BY RESPONDENT. NO.4

Exhibit P17 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENT 5 TO 7 HEREIN R.P NO. 739 OF 2021 IN WP(C) NO. 3977 OF 2020.

Exhibit P18 TRUE COPY OF THE ORDER, DATED 17.11.2021 IN R.P.NO. 739 OF 2021.

Exhibit P19 TRUE COPY OF THE JUDGMENT, DATED 17.11.2021 IN WP(C) NO. 3977 OF 2020.

Exhibit P20 TRUE COPY OF THE ORDER, DATED 17.02.2022 PASSED BY RESPONDENT NO.2.

Exhibit P21 TRUE COPY OF NOTICE NO. A3-1043/2022, DATED 04.03.2022 ISSUED BY RESPONDENT NO.4.