Chinnammu.M vs The District Collector, Malappuram
2024 Latest Caselaw 8862 Ker

Kerala High Court

Chinnammu.M vs The District Collector, Malappuram on 27 March, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE EASWARAN S.
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                       WP(C) NO. 36955 OF 2018
PETITIONERS:

    1     CHINNAMMU.M.,
          AGED 65 YEARS,
          W/O LATE UNNIKOLAVAN MUTTAPPURAM, PARAMBATTU HOUSE,
          P.O. MELANGADI, KONDOTTY, MALAPPURAM DIST - 673638.

    2     CHAKKUMGAL MAMMADEESA,
          AGED 54 YEARS,
          S/O.MOHAMMED UNNI, PARAMBATTU HOUSE, P.O.MELANGADI,
          KONDOTTY, MALAPPURAM DISTRICT - 673 638.

          BY ADVS.
          K.M.SATHYANATHA MENON
          SMT.KAVERY S THAMPI


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, MALAPPURAM
          CIVIL STATION ROAD, UPHILL, MALAPPURAM - 676505.

    2     THA TAHASILDAR
          TALUK OFFICE, KONDOTTY,
          MALAPPURAM DISTRICT, PIN - 673 638.

    3     THE VILLAGE OFFICER
          KONDOTTY, MALAPPURAM DISTRICT, PIN - 673 638.

    4     PATHUMMAKUTTY
          W/O.LATE MUHAMMED, VALASSERY HOUSE, KONDOTTY,
          MALAPPURAM DISTRICT, PIN - 673 638.

          BY ADVS.
          SRI. BIMAL K. NATH, Sr. GOVERNMENT PLEADER
          SRI.K.RAKESH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36955 OF 2018     -2-




                          JUDGMENT

The above writ petition is filed challenging Ext.P9

notice issued by the District Collector directing the

petitioners to remove the compound wall over an anichal.

Petitioners contends that the District Collector has no

authority to decide the right of title over the petitioners'

property which is covered in their favour by Exts.P1 to

P3 sale deed for the first petitioner and Ext.P4 for the

second petitioner.

2. The Second respondent has filed a counter

affidavit in which it is stated that it is a government

property. Be that as it may, it is a claim raised by the

fourth respondent. The fourth respondent claims that she

claims a right over the said way which is disputed by the

petitioners.

In view of the above, this Court is of the opinion that

the District Collector cannot decide the title of the

property. If the fourth respondent has any right over the

property, it is for her to establish any such right in an

appropriate civil proceeding. However, this Court also

finds from the statement given by the Tahsildar that the

Tahsildar has said that it is a government puramboke. I

am not called upon to decide the respective rights of the

parties in this present writ petition. Suffice to say, the

right if any, by the fourth respondent has to be

established in a civil proceeding. At the same time, if the

respondent Nos.1 to 3 are of the view that it is a

Government puramboke, and the petitioner has

encroached upon the same, then necessarily proceedings

under the Land Conservancy Act will have to be initiated.

In view of the above, the writ petition is allowed. Ext.P9

is quashed. It is declared that the fourth respondent can

establish her right before the Civil Court while the

respondent Nos.1 to 3 are also at liberty to initiate

appropriate proceedings under the provisions of the

Land Conservancy Act if so advised in the facts and

circumstances of the case.

Sd/-

EASWARAN S. JUDGE

vv

APPENDIX OF WP(C) 36955/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOR OF THE 1ST PETITIONER AND HER CHILDREN BY THE 3RD RESPONDENT DATED 3/7/2008.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED IN FAVOR OF 1ST PETITIONER'S HUSBAND LATE UNNIKOLAVAN BY THE 3RD RESPONDENT DATED 14/8/2006.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE FROM THE BASIC TAX REGISTER OF KONDOTTY VILLAGE OFFICE, ISSUED BY THE 3RD RESPONDENT DATED 7/2/2018.

EXHIBIT P4 TRUE COPY OF DOCUMENT NO.3779/1986 OF SUB REGISTRAR OFFICE, KONDOTTY.

EXHIBIT P5 TRUE COPY OF THE DIGITALLY SIGNED AND DOWNLOADED SURVEY PLAN OF FIELD NO.409 DATED 13/1/2018 ISSUED BY THE SURVEYOR, ATTACHED WITH THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS (RESURVEY), MALAPPURAM.

EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER TO THE HON'BLE CHIEF MINISTER AND OTHERS DATED 13/1/2018.

EXHIBIT P7 TRUE COPY OF THE NOTICE NO.B3/950/18 DATED 19/4/2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 4TH RESPONDENT DATED 20/1/2018 BEFORE THE 1ST RESPONDENT.

EXHIBIT P9 RUE COPY OF THE NOTICE NO.B3/950/18 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 22/10/2018.