Kerala High Court
Swapna Thobias vs State Of Kerala on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 14686 OF 2023
PETITIONER:
SWAPNA THOBIAS,
AGED 50 YEARS
W/O THOBIAS, PAYYAMPALLIL HOUSE,
MANJUMMEL P.O., ELOOR, ELOOR VILLAGE,
PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683501
BY ADVS.
VARGHESE C.KURIAKOSE
ALBIN A. JOSEPH
AMRITHA.J
VIPIN C. VARGHESE
KURUVILLA MATHEW
JISHNU A.L.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF LOCALSELF GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 THE ELOOR MUNICIPALITY,
MUNICIPAL OFFICE, UDYOGAMANDAL,
ELOOR, REPRESENTED BY ITS SECRETARY, PIN - 683501
3 THE MUNICIPAL COUNCIL,
ELOOR MUNICIPALITY, MUNICIPAL OFFICE,
UDYOGAMANDAL, ELOOR, ERNAKULAM DISTRICT,
REPRESENTED BY ITS CHAIRMAN, PIN - 683501
4 THE SECRETARY,
ELOOR MUNICIPALITY, UDYOGAMANDAL, ELOOR,
ERNAKULAM DISTRICT, PIN - 683501
-2-
WP(C)No.14686 of 2023
*5 THE TALUK SURVEYOR,
TALUK OFFICE, NORTH PARAVUR
(IN CHARGE OF ELOOR VILLAGE),
ERNAKULAM DISTRICT - 683 501.
(IS IMPLEADED AS PER ORDER DATED 25/07/2023 IN IA
3/23 IN WP(C) )
*6 MARY LUCY,
AGED 50 YEARS, D/O. JOSEPH,
RESIDING AT PALLINJALIL,
MANJUMMEL MURI, ELOOR VILLAGE,
PARAVUR TALUK, ERNAKULAM DISTRICT, PIN - 683 501.
(IS IMPLEADED AS PER ORDER DATED 25/07/2023 IN IA
5/23 IN WP(C)
BY ADVS.
SRI.K.S.ARUN KUMAR, SC
No Advocate
M.K.HAJARA
INDIRA.K.P.
HOWLATH JAHAN
SMT.DEVI SHRI.R., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
WP(C)No.14686 of 2023
MOHAMMED NIAS C.P., J.
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WP(C)No.14686 of 2023
---------------------------------------------
Dated this the 20th day of June, 2024
JUDGMENT
The petitioner had filed Ext.P5 before the Municipality complaining of
encroachment into the pathway, which he and others use as access. This Court
had passed an order, upon admission of the writ petition, on 28.4.2023
directing the fourth respondent Municipality to consider Ext.P5 representation
preferred by the petitioner.
2. The Municipality had filed a counter, wherein, it is stated that in
compliance with the direction of this Court, a meeting was convened on
19.5.2023, and the petitioner and the additional sixth respondent were heard.
Though the petitioner alleges that the additional sixth respondent had
encroached on the pathway, she denied the allegation. Accordingly, the
Municipality, to resolve the dispute had required the Taluk Surveyor to
prepare a sketch after measurement and demarcation of the properties.
Earlier, on the complaint of the petitioner, Ext.R4(A) communication dated
31.12.2022 was issued by the Municipality, to the Taluk Surveyor requesting
for demarcating the property. Ext.R4(B) dated 8.3.2023 is also another
reminder from the Municipality to the Taluk Surveyor to make available a
sketch and the report to take steps to remove the encroachments, if any.
3. Heard Sri. Varghese C. Kuriakose, the learned counsel appearing for
the petitioner, Sri.K.S.Arunkumar, the learned standing counsel for the
Municipality and Adv.Hajara M.K., the learned counsel appearing for the
additional sixth respondent.
4. Having heard the learned counsel on either side, and also in view of
Exts.R4(A) and R4(B), wherein the Municipality had directed the Taluk
Surveyor to conduct measurement and demarcate the property to find out any
encroachments in the Municipality road, there will be a direction to the fourth
respondent Municipality to take up Ext.P5 with notice to the petitioner and the
additional sixth respondent, and pass appropriate orders taking note of the
measurement and the sketch to be provided by the additional fifth respondent
Taluk Surveyor within three months from the date of receipt of a copy of this
judgment. There will be a further direction to the additional fifth respondent
Taluk Surveyor to complete the process directed to be initiated as per
Exts.R4(A) and R4(B) within six weeks.
The writ petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P.
JUDGE
dlk/20.06.2024
APPENDIX OF WP(C) 14686/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE DOCUMENT
NO.3438/2015 OF SRO, ALANGADU DATED
22.09.2015
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE TITLE DEED
NO.1988/2016 OF SRO ALANGADU DATED
07.06.2016
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE DOWNLOADED
JUDGMENT DATED 11.04.2018 IN
O.S.NO.278/2015, OF THE MUNSIFF COURT NORTH
PARAVUR
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE DOWNLOADED
VERSION OF THE JUDGMENT DATED 01.06.2019 IN
A.S.NO.35/2018 OF ADDITIONAL DISTRICT COURT
NORTH PARAVUR
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION
DATED 10.04.2023 SUBMITTED BY THE
PETITIONER BEFORE RESPONDENTS NO.2 TO 4.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT
CARD SHOWING SERVICE ON 2ND RESPONDENT ON
11.04.2023.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT
CARD SHOWING SERVICE ON 3RD RESPONDENT ON
11.04.2023
EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT
CARD SHOWING SERVICE ON 4TH RESPONDENT ON
11.04.2023
ADDL. EXT.P9 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
12.05.2023 ISSUED BY THE 4TH RESPONDENT
RESPONDENTS ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGMENT IN OS NO.
278/2015 OF THE HON'BLE MUNSIFF COURT,
NORTH PARAVUR DATED 11-04-2018
ANNEXURE A2 TRUE COPY OF THE JUDGEMENT IN AS 35/2018 OF
THE HON'BLE ADDITIONAL DISTRICT COURT, N.
PARAVUR DATED 01- 06-2019
ANNEXURE A3 TRUE COPY OF THE SAID PROCEEDINGS NO. G3-
5028/2023(5) DATED 10-05- 2023 ISSUED BY
THE TAHILDAR, PARAVUR
EXHIBIT R4( A) A TRUE COPY OF THE LETTER BEARING NO.
PW29822/21 DATED 31.12.2022 ISSUED TO THE
TALUK SURVEYOR, PARAVUR TALUK
EXHIBIT R4( B) A TRUE COPY OF THE LETTER DATED 08.03.2023
ISSUED TO THE TAHSILDAR(LAND), NORTH
PARAVUR TALUK
EXHIBIT R6(D) TRUE COPY OF THE SETTLEMENT DEEDS BEARING
DOCUMENT NO. 2840/1998 DATED 19.06.1998
EXHIBIT R6(E) TRUE COPY OF THE SETTLEMENT DEEDS BEARING
DOCUMENT NO. 3857/2012 DATED 17.08.2012
EXHIBIT R6 (F) TRUE COPY THE LAND TAX RECEIPT IN RESPECT
OF THE PETITIONER'S PROPERTY BEARING NO.
KL07031304551/2023 DATED 19-05-2023
