Hemalatha vs Edavilangu Grama Panchayath
2024 Latest Caselaw 16832 Ker

Kerala High Court

Hemalatha vs Edavilangu Grama Panchayath on 12 June, 2024

WP(C) NO. 23300 OF 2017
                                   1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR. JUSTICE S.MANU
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                        WP(C) NO. 23300 OF 2017
PETITIONER/S:

          HEMALATHA
          AGED 46 YEARS
          W/O.DINESAN, AGED 46 YEARS, THEVALIL, EDAVILANGU P.O.,
          THRISSUR DISTRICT.

          BY ADVS.
          SRI.K.SIJU
          SMT.S.SEETHA



RESPONDENT/S:

    1     EDAVILANGU GRAMA PANCHAYATH
          EDAVILANGU P.O., THRISSUR - 680 671 REPRESENTED BY ITS
          SECRETARY.

    2     THE SECRETARY
          EDAVILANGU GRAMA PANCHAYATH, EDAVILANGU P.O., THRISSUR
          - 680 671.

    3     PUSHKARAN
          S/O.THUPRAN, KAIMAPARAMBIL, EDAVILANGU P.O., THRISSUR -
          680 671.

    4     FATHIMA
          W/O.SIDDIQUE, KADAMBOTTU, EDAVILANGU P.O., THRISSUR -
          680 671.

          BY ADVS.
          R.RAJPRADEEP
          SRI.P.MURALEEDHARAN
          SRI.V.M.MUHIYADHEEN
          SMT.N.V.SANDHYA
          BRIJESH MOHAN(K/1851/1999)
 WP(C) NO. 23300 OF 2017
                                2

          SREEDEVI S.(K/767/2020)



OTHER PRESENT:

          Sri.P.Muraleedharan for R3




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23300 OF 2017
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                               JUDGMENT

Dated this the 12TH day of June, 2024

Petitioner owns 3.850 cents of property in Survey

No.380/5 of Edavilangu Village in Thrissur District. There is a

water channel lying in east west direction abutting the northern

boundary of the petitioner. The 2 nd respondent issued a notice

dated 4.4.2017 directing the petitioner to remove obstructions

allegedly caused by the petitioner in the water channel. Later,

Ext.P3 notice was also issued directing the petitioner to restore

the water channel. Petitioner is seeking an order to quash

Exts.P2 and P3 in this writ petition and to conduct a site

inspection. According to the petitioner, the 4 th respondent has

committed encroachment and caused obstruction to the water

channel.

2. Pursuant to a direction issued by this Court on

11.06.2024, the learned Counsel for the Panchayat has filed a

statement on the basis of instructions received from the

authorities. According to the Panchayat no encroachment or

blocking of the water channel is seen in the portion of the WP(C) NO. 23300 OF 2017

channel abutting the area of the petitioner. It is also reported

by the Panchayat that a civil suit is pending between the

petitioner and the 3rd respondent with respect to boundaries of

the respective properties.

3. On the basis of the clear submission from the part

of the Panchayat that there is no encroachment or blocking of

water channel, abutting petitioner's property, Exts.P2 and P3

notices cannot be sustained. Therefore, those notices are set

aside. It is clarified that this will not preclude the authorities

from acting in accordance with law, in case the water channel is

obstructed by any of the parties at any later point of time.

The writ petition is disposed of accordingly.

SD/ S.MANU, JUDGE

jm/ WP(C) NO. 23300 OF 2017

APPENDIX OF WP(C) 23300/2017

PETITIONER EXHIBITS

EXHIBIT P1 THE TAX RECEIPT DATED 6/7/2017 ISSUED BY THE VILLAGE OFFICER, EDAVILANGU IN FAVOUR OF THE PETITIONER

EXHIBIT P2 THE COPY OF NOTICE DATED 4/4/2017 ISSUED BY THE 2ND RESPONDENT DEMANDING RESORATION OF WATER CHANNEL

EXHIBIT P3 THE COPY OF NOTICE DATED 28/6/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P4 THE COPY OF REPLY DATED 30/6/2017

EXHIBIT P4(A) THE COPY OF RECEIPT DATED 6/7/2017

EXHIBIT P5 THE PHOTOGRAPH SHOWING THE TILED PATHWAY CONSTRUCTED BY THE 4TH RESPONDENT.