Kerala High Court
K.M.Sekharan vs Parappukara Grama Panchayat on 5 June, 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
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 9107 OF 2018
PETITIONER:
K.M.SEKHARAN
AGED 68 YEARS, S/O.RAMANKUTTY,
KALLIKADAVIL HOUSE, PARAPUKKARA VILLAGE,
PONKOTHRA DESOM, MUKUNDAPURAM TALUK,
NOW RESIDING AT KALLIKADAVIL HOUSE,NEAR
PERUMBILLISSERI PETROL PUMP,P.O.CHERPU,
THRISSUR 680561
BY ADVS.SRI.M.PREMCHAND
SRI.T.SANJAY
SRI.C.S.SUMESH
RESPONDENTS:
1 PARAPPUKARA GRAMA PANCHAYAT
REPRESENTED BY SECRETARY,
PARAPPUKARA GRAMA PANCHAYAT OFFICE,
NANDIKARA PO. 680301
2 THE SECRETARY
PARAPUKKARA GRAMA PANCHAYAT, PARAPPUKARA GRAMA
PANCHAYAT OFFICE, NANDIKARA PO. 680301
3 VILLAGE OFFICER
PARAPPUKKARA, VILLAGE MUTHURATHIKARA PO,
PARAPPUKARA, THRISSUR DISTRICT
4 KODAKARA BLOCK PANCHAYAT
REPRESENTED BY ITS PRESIDENT,KODAKARA,
THRISSUR DISTRICT
5 PRADEEP
S/O.CHANDRAN, AGED ABOUT 30 YEARS,
KOODAPARAMBIL HOUSE, PONGOTHRA,
P.O.NELLAYI,THRISSUR DISTRICT
BY ADV SMT.M.R.REENA
SRI.M.RAJEEVAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.9107/2018
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.9107 of 2018
----------------------------------------------
Dated this the 05th day of June, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or other appropriate
writ, direction or order commanding the
respondents not to encroach upon the property of
the petitioner comprised in Sy.No.1132/7 of
Parapookkara Village and repossess or evict him
without legal recourse;
ii. To issue a Writ of Mandamus or other appropriate
Writ, Direction or Order commanding the
respondents 1 & 2 to accord a fair chance of
hearing before initiating steps to evict the
petitioner;
iii. To issue a Writ of Mandamus or other appropriate
Writ, Direction or Order commanding the 3rd
respondent to measure the property comprised in
Sy. No. 1132 of Parappookkara Village with prior
notice to the petitioner;
iv. To issue a Writ of Mandamus or other appropriate
Writ, Direction or Order commanding the
respondents 1 & 2 not to proceed with any further
action of encroaching into the petitioner's
property without obtaining measurement and
sketch from the 3rd respondent;
v. To issue a writ of mandamus or any declare that
the petitioner is the absolute owner in possession
of 28 cents of property comprised in Sy.
No.1132/7 of Parappookkara Village;
vi. To render such other orders as are deemed fit and
prorer in circumstances of the case;
(SIC)
2. When this writ petition came up for consideration
on 22.03.2018, this Court passed the following order :
"Learned Counsel for the Panchayat seeks time for
filing counter.
In the meanwhile, construction, if any, carried out
by the Panchayath, the same will be subject to the
result of this writ petition. I also make it clear that,
the construction shall not be carried out
encroaching into the property in accordance with
the title held by the petitioner as per Ext.P1."
3. The counsel for the petitioner submitted that the
construction is over and there is encroachment. This is
disputed by the counsel for the Panchayat and the counsel
takes me through the counter filed by the Panchayat. I do not
want to make any observation regarding the alleged
encroachment. This Court cannot decide the same in a writ
petition filed under Article 226 of the Constitution of India.
The petitioner can agitate the same before the appropriate
civil court in accordance with law.
Granting liberty to the petitioner to do the needful in
accordance with law, this writ petition is disposed of. If any
civil proceedings are initiated by the petitioner, the time
during which this writ petition was pending before this Court
shall be excluded while calculating limitation, if any.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 9107/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 442/1951
OF SRO NELLAYI
EXHIBIT P2 TRUE COPY OF THE FAMILY MEMBERSHIP
CERTIFICATE ISSUED BY THE VILLAGE
OFFICE PARAPUKKARA
EXHIBIT P3 TRUE COPIES OF THE TAX PAID RECEIPTS
DATED 17.06.2011, 17.06.2010,
24/07/2009, 09/07/2008, 9/10/2006,
18/05/1995, 16.05.1994 ISSUED BY 3RD
RESPONDENT VILLAGE OFFICER FOR PAYMENT
OF PROPERTY TAX IN SY. NO. 1132/7 OF
PARAPUKKARA VILLAGE
EXHIBIT P4 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 08.01.2012 ISSUED BY
THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE DOCUMENT NO. 184/2012
OF SRO NELLAYI
EXHIBIT P6 TRUE COPIES OF THE TAX RECEIPTS ISSUED
BY THE 3RD RESPONDENT FOR PAYMENT OF
TAX FOR 28 CENTS OF PROPERTY IN SY.
NO. 1132/7 OF PARAPUKKRA VILLAGE
EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED BY THE
1ST RESPONDENT PANCHAYATH DATED
08.04.2013
EXHIBIT P8 TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER DATED 10.05.2013
EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE ENCROACHMENT AND DAMAGES CAUSED TO
THE PETITIONERS PROPERTY
RESPONDENTS' EXHIBITS:
EXHIBIT R1:- A TRUE COPY OF THE PRE-LITIGATION
PETITION FILED BY THE PETITIONER DATED 19-09-2012.
EXHIBIT R1 (A):- A TRUE COPY OF THE AWARD PASSED BY
THE LOK ADALATH, IRINJALAKUDA DATED 2-11-2012.
EXHIBIT R1 (B):- A TRUE COPY OF THE LETTER RECEIVED
BY THE 2ND RESPONDENT FROM THE ADDL.TAHASILDAR
MUKUNDAPURAM.
EXHIBIT R1 (C):- A TRUE COPY OF THE SKETCH PREPARED
BY THE TALUK SURVEYOR.
EXHIBIT R1 (D):- A TRUE COPY OF THE LETTER SENT BY
THE 2ND RESPONDENT TO THE PETITIONER DATED 08-04-2013
EXHIBIT R1 (E):- A TRUE COPY OF THE REPLY LETTER
SENTBY THE PETITIONER DATED 10-05-2013.
EXHIBIT R1 (F):- A TRUE COPY OF THE LETTER DENT BYTHE
2ND RESPONDENT TO THE VILLAGE OFFICER CONCERNED DATED
05-06-2013.
EXHIBIT R1 (G):- A TRUE COPY OF THE LETTER RECEIVED
BY THE 2ND RESPONDENT FROM THE SECRETARY BLOCK
PANCHAYATH IRINJALAKUDA DATED 02-11-2017.
EXHIBIT R1 (H):- A TRUE COPY OF THE REPLY GIVEN BY
THE 2ND RESPONDENT DATED 04-11-2017.
EXHIBIT R1 (I):- A TRUE COPY OF THE MINUTES OF THE
1ST RESPONDENT DATED 30-10-2017.
EXHIBIT R1 (J):- A TRUE COPY OF THE REPORT SENT BY
THE 3RD RESPONDENT DATED 31-03-2018.
EXHIBIT R1 (K):- A TRUE COPY OF THE SKETCH SENT BY
THE 3RD RESPONDENT DATED 31-03-2018.
EXHIBIT R1 (1) & (M) :- A TRUE COPY OF THE LETTER AND
REPORT ISSUED BY THE SECRETARY, BLOCK
PANCHAYATH,IRINJALAKUDA DATED 27-04-2018.
EXHIBIT R1 (N) & ((O)) / (- A) TRUE COPY OF THE
LETTER AND SKETCH ARE SENT BY THE ASST. EXECUTIVE
ENGINEER, L.S.G.D. DIVISION BLOCK PANCHAYATH,
IRINJALAKUDA DATED 25.04.2018
