Balakrishnan vs Vandanmedu Grama Panchayath
2024 Latest Caselaw 17524 Ker

Kerala High Court

Balakrishnan vs Vandanmedu Grama Panchayath on 21 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE EASWARAN S.
        FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                       WP(C) NO. 35632 OF 2018
PETITIONER:

            BALAKRISHNAN
            AGED 61 YEARS
            S/O.N.AANDI, PAPPADYIL HOUSE,
            PUTTADY P.O., IDUKKI DISTRICT, PIN-685551.

            BY ADVS.
            JOBI.A.THAMPI
            GEM KORASON
            SMT.M.KABANI DINESH
            SMT.PRIYANKA SEBASTIAN


RESPONDENTS:

    1       VANDANMEDU GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, VANDANMEDU P.O.,
            IDUKKI DISTRICT, PIN 685551.

    2       PRINCIPAL DIRECTOR,
            LOCAL SELF GOVERNMENT DEPARTMENT, SWARAJ BHAVAN,
            NANTHANKODE, KAWADIAR P.O., THIRUVANANTHAPURAM ,
            PIN-695011.

    3       DIRECTOR OF PANCHAYATH,
            OFFICE OF THE DIRECTOR OF PANCHAYATHS,
            PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695033.

    4       DEPUTY DIRECTOR OF PANCHAYATH,
            OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATHS,
            THODUPUZHA, THODUPUZHA P.O., IDUKKI-685584.

    5       THE SECRETARY,
            TALUK LEGAL SERVICE AUTHORITY, UDUMBANCHOLA,
            IDUKKI DISTRICT, PIN-685554.

            BY ADV
            SRI.A.C.DEVASIA
            SRI. NOUSHAD. K. A., G. P.
 WP(C) NO. 35632 OF 2018       -2-



     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY
HEARD ON 21.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) NO. 35632 OF 2018           -3-



                               JUDGMENT

The present writ petition is filed seeking for the

following reliefs:

"(i) To call for the records leading to Exhibit P3 and quash the same by issuing a writ of certiorari.

(ii) To issue a writ of mandamus or any other writ, order or direction commanding the 1st respondent to implement Exhibit P2 and thereby protect the property of the petitioner from land sliding.

(iii) To issue a writ of mandamus or any other writ, order or direction commanding the 2nd respondent to consider and pass appropriate orders on merit within a time limit as stipulated by this Hon'ble court.

(iv) To issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(v) To allow the cost."

2. When the matter is taken up for consideration

today, the learned counsel for the first respondent

panchayath submitted that as on today there is no

proposal by the panchayath to widen the road which may

abated the petitioner's property and therefore the

directions contained under Ext.P3 cannot be

implemented as of now.

3. On the other hand, the learned counsel for the

petitioner submits that it is only because of the interim

order passed by this Court on 01.11.2018 that the

panchayath has not taken any drastic measures so as to

encroach upon the petitioner's property.

4. When this statement was made across the Bar,

the learned counsel for the panchayath submitted that in

future, if such situation arises, then the panchayath is

prepared to give necessary protection to the petitioner's

property as evident from Ext.P2.

The above submission is recorded. The interim

order passed by this Court on 01.11.2018 is made

absolute. If for any reason, the panchayath requires the

widening of the road, which may touch upon the

petitioner's property, the intention of the panchayath

shall also be brought to the notice of the petitioner in an

appropriate communication. The extent of damage due to

such expansion of work to be undertaken by the

panchayath, shall thereafter be assessed and necessary

safeguards in this regard shall be taken by the

panchayath as already noted in Ext.P2. Writ petition is

ordered accordingly.

Sd/-

EASWARAN S. JUDGE vv

APPENDIX OF WP(C) 35632/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.37/2004 OF KATTAPPANA SUB REGISTRY OFFICE.

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.4.2017 ISSUED BY THE VILLAGE OFFICER, ANAKKARA VILLAGE.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 4.1.2018 SUBMITTED BY THE IST RESPONDENT PANCHAYATH.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 17.2.2018 SUBMITTED BY THE IST RESPONDENT BEFORE THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 28.6.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 25.9.2018 ISSUED BY THE 3RD RESPONDENT TO THE DEPUTY DIRECTOR PANCHAYATHS, IDUKKI.