Kerala High Court
G. Balakrishna Pillai vs Chengannur Municipality on 11 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 19428 OF 2017
PETITIONER/S:
G. BALAKRISHNA PILLAI
AGED 64 YEARS, S/O.RAMAKRISHNA PILLAI, NOW RESIDING AT
VELLAPPALLIL HOUSE, KEEZHAVAIPUR,P.O.MALLAPPALLY,
PATHANAMTHITTA-689587, FROM AYAMCOICKAL HOUSE, EDANAD
P.O., EDANAD, CHENGANNUR-689123.
BY ADVS.
SRI.B.RENJITHKUMAR
SRI.K.T.SEBASTIAN
RESPONDENT/S:
1 CHENGANNUR MUNICIPALITY
MUNICIPAL OFFICE, CHENGANNUR P.O., ALAPPUZHA-689121.
2 A.SASI
AGED 61 YEARS
AGED 61 YEARS, S/O.AYYAPPAN, KURAVANPARAMBIL, KEEZH
CHERIMEL, CHENGANNUR VILLAGE, CHENGANNUR P.O.,
ALAPPUZHA-689121.
3 THANKAMMAL SIVAN
AGED 59 YEARS
AGED 59 YEARS, W/O.SIVAN, SANKARAVILASAM, KEEZH
CHERIMMEL,CHENGANNUR VILLAGE, CHENGANNUR P.O.,
ALAPPUZHA-689121.
4 THULASI MURALI
AGED 42 YEARS
AGED 42 YEARS, W/O.MURALI, NANGATTUMPURATHU, EDANAD
P.O., EDANAD, CHENGANNUR-689123.
BY ADV Haridas V N
SRI.S.HARIKRISHNAN (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19428 OF 2017
2
JUDGMENT
Dated this the 11th day of June 2024
Petitioner sold some of his properties to respondents 2
to 4, who are members of Scheduled Castes/Scheduled Tribes
community for construction of residential buildings under EMS
Housing Scheme implemented by the Ministry of Rural
Development of State of Kerala. The scheme has been
produced by the Municipality as Ext.R1(a). One of the
conditions for identifying suitable land as per the scheme is
that the property should have road access.
2. The case of the petitioner is that the properties sold
by him have road access at the time of sale and later the
adjacent land owners closed the pathway.
3. The Municipality, according to the petitioner, did not
make payment to the beneficiaries under the scheme stating
various reasons including non-availability of road access. The
petitioner thereafter approached the Ombudsman for Local Self
Government Institutions by filing complaint No.910/2016. The
learned Ombudsman dismissed the complaint by Ext.P7 order
dated 5.11.2016. In Ext.P7, the learned Ombudsman discussed
WP(C) NO. 19428 OF 2017
the issue involved in detail and disposed the complaint directing
the Municipal Council to resolve the issue by including the
properties in the scheme, if the issue regarding road access to
the properties is resolved. In compliance with the directions
issued by the Ombudsman, the municipal council considered
the issue as evident from Ext.R1(b) produced along with the
counter affidavit filed by the Municipality. A meeting held on
25.05.2017, resolved to release the funds, once road access is
obtained to the properties.
4. When the matter was taken up for hearing, learned
Counsel for the petitioner and the learned Standing Counsel for
the Municipality made submissions.
5. I have perused the writ petition and also the counter
affidavit as well as documents produced by both sides.
6. It appears that after the decision of the Municipal
Council, reflected in Ext.R1(b), no further developments have
happened in the matter. The learned Counsel for the petitioner
submitted that the beneficiaries have constructed residential
houses in the properties and they are living there.
7. If that be so, I am of the view that it is
appropriate for the Municipality to have a fresh look in the matter
WP(C) NO. 19428 OF 2017
and take a decision in continuation of the resolution in Ext.R1(b).
Thererefore, I dispose the writ petition with the following
directions:
1) The Secretary, Chengannur Municipality shall conduct an
inspection and find out whether pathway/road access is at
present available to the properties purchased by the
beneficiaries, arrayed as party respondents, in the writ
petition.
2) If it is found that the pathway/road access is available to
the properties at present, appropriate follow-up action
shall be taken by the Municipality for release of the funds
in accordance with the provisions of the scheme to the
beneficiaries.
3) Rights, if any, of the petitioner to claim the amounts from
the beneficiaries is reserved and appropriate steps can be
taken by the petitioner in case the amounts are due to
him.
4) The inspection as directed above shall be conducted within
a period of four weeks from the date of receipt of a copy
of this judgment with notice to the petitioner and also to
the party respondents.
WP(C) NO. 19428 OF 2017
5) Appropriate decision in the matter, of disbursal of
funds, shall be taken within a further period of four
weeks from the date of inspection and the same shall
be communicated to the petitioner and also to the
party respondents.
The writ petition is disposed of accordingly.
SD/
S.MANU
JUDGE
jm/
WP(C) NO. 19428 OF 2017
APPENDIX OF WP(C) 19428/2017
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the relevant pages of G.O (P)
No. 207/2009/LSGD dt.7.11.2009 along with
appendix
Exhibit R1(b) True copy of the resolution no.1 dt.25.5.2017
of the Municipal Council, Chengannur
PETITIONER EXHIBITS
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE SALE DEED NO .1794
OF 2010 DATED 07-08-2010 OF THE CHENGANNUR
S.R.O. EXECUTED BY THE PETITIONER IN FAVOUR
OF THE 4TH RESPONDENT.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE COMPLAINT NO.910
OF 2016, DATED 26-07-2016.
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO .1793
OF 2010 DATED 07-08-2010 OF THE CHENGANNUR
S.R.O. EXECUTED BY THE PETITIONER IN FAVOUR
OF THE 2ND RESPONDENT.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE OBJECTION FILED BY
THE 1ST RESPONDENT IN COMPLAINT NO.910 OF
2016 DATED 04-11-2016.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE ORDER IN COMPLAINT
NO.910 OF 2016 DATED 05-11-2016.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATIONS
SUBMITTED BY THE RESPONDENTS 2 TO 4 HEREIN
ALONG WITH THE PURCHASERS OF THE NEIGHBORING
PROPERTIES UNDER THE SCHEME BEFORE THE 1ST
RESPONDENT DATED 13-07-2011.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SALE DEED NO .1795
OF 2010 DATED 07-08-2010 OF THE CHENGANNUR
S.R.O. EXECUTED BY THE PETITIONER IN FAVOUR
OF THE 3RD RESPONDENT.
