Kerala High Court
Eriyadan Noufal vs State Of Kerala on 23 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) Nos.30212/2016 1
6032/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 30212 OF 2016
PETITIONER/S:
1 ERIYADAN NOUFAL
S/O LATE NAZAR, EARIYADAN HOUSE, EDARIKKODE POST,
CHANGUVETTY, MALAPPURAM.
2 ERIYADAN SAIDALIKUTTY
S/O LATE KUNHALAN HAJI, EARIYADAN HOUSE, EDARIKKODE
POST, CHANGUVETTY, MALAPPURAM.
BY ADV SRI.SUJAI SATHIAN
RESPONDENT/S:
1 EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS) MANJERI PIN 676 121.
2 ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS) MANJERI PIN 676 121.
3 ASSISTANT ENGINEER
PUBLIC WORKS DEPARTMENT (HIGHWAYS), MALAPPURAM 676
505.
4 DISTRICT COLLECTOR
MALAPPURAM DISTRICT, COLLECTORATE, MALAPPURAM PIN
676 505.
5 TAHASILDHAR
WP(C) Nos.30212/2016 2
6032/2018
TALUK OFFICE, TIRUR PIN 676 101.
6 VILLAGE OFFICER
VILLAGE OFFICE, THENNALA, TIRUR PIN 676 101.
BY ADVS.
GOVERNMENT PLEADER
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, ALONG WITH WP(C).6032/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.30212/2016 3
6032/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 6032 OF 2018
PETITIONER/S:
1 ERIYADAN NOUFAL
S/O. LATE NAZAR, EARIYADAN HOUSE, EDARIKKODE POST,
CHANGUVETTY, MALAPPURAM.
2 ERIYADAN SAIDALIKUTTY
S/O. LATE. KUNHALAN HAJI, EARIYADAN HOUSE,
EDARIKKODE POST, CHANGUVETTY, MALAPPURAM.
BY ADV SRI.SUJAI SATHIAN
RESPONDENT/S:
1 STATE OF KERALA
REP. BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM-
695001.
2 DISTRICT COLLECTOR
MALAPPURAM DISTRICT, COLLECTORATE, MALAPPURAM-
676001.
3 TAHASILDAR
TALUK OFFICE, TIRUR-676101.
4 VILLAGE OFFICER
VILLAGE OFFICE, KOTTAKKAL, TIRUR-676101.
WP(C) Nos.30212/2016 4
6032/2018
5 KOTTAKKAL MUNICIPALITY
REP. BY ITS SECRETARY, MUNICIPAL OFFICE, KOTTAKKAL,
MALAPPURAM DISTRICT-676101.
6 THE CHAIRMAN
MUNICIPAL OFFICE, KOTTAKKAL MUNICIPALITY, KOTTAKKAL,
MALAPPURAM DISTRICT-676101.
BY ADVS.
SRI.NOUSHAD THOTTATHIL, SC, KOTTAKKAL
MUNICIPALITY,SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, ALONG WITH WP(C).30212/2016, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.30212/2016 5
6032/2018
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) Nos. 30212 of 2016
& 6032 of 2018
--------------------------------------
Dated this the 23rd day of May, 2024
JUDGMENT
These two writ petitions are connected and therefore, I
am disposing of these writ petitions by a common judgment.
2. W.P.(C.) No. 30212/2016 is filed with the following
prayers :
"a) Call for the entire records leading upto Ext.P4 and quash
the same by issuing a writ of certiorari, or any other
appropriate writ, order or direction.
b) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondent Nos. 1 to 3 to
furnish sketch in respect of Field No. 28 of petitioner;s
property as stated in Ext.P4 without any further delay.
c) Issue such other appropriate writs, orders or directions
as this Hon'ble Court deems fit and proper in the facts and
circumstances of the case." [sic]
3. It is submitted that the father of the 2nd petitioner
6032/2018
and grand father of the 1st petitioner, namely Kunhalan Haji
was the owner and in possession of 4 cents of property in
R.Sy. No. 28/2 of Kottakkal Village. The jenm right of the above
property was purchased from Cheriya Kunhunni Raja of
Kizhakke Kovilakam as per document No. 2039/1974 of SRO
Kottakkal is the submission. A shop building was constructed in
the above said property in the year 1994 and tenants of the
petitioners are now conducting a bakery and medical shop in
the shop building is the further submission. At that stage, the
petitioners received notice from the 3rd respondent informing
them that they have encroached Government land in between
Changuvetti-Kottakkal in Tirur-Malappuram Road. According
to the petitioners, as per Field No. 28, the said portion is
separately marked. A show cause notice was issued as evident
by Ext.P4. The petitioners submitted Ext.P5 reply to Ext.P4. At
that stage, this writ petition is filed apprehending that the
respondent Nos. 1 to 3 will proceed with Ext.P4 and demolish
6032/2018
the shop room.
4. W.P.(C.) No. 6032/2018 is filed by the same
petitioners in W.P.(C.) No. 30212/2016 with the following
prayers :
"a) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents not to evict the
petitioners forcibly from the property covered under Ext.P1
document without resorting to due process of law.
b) Call for the entire records leading up to Ext.P4 and
quash the same by issuing a writ of certiorari, or any other
appropriate writ, order or direction.
c) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents not to take any
action against the petitioners' property covered under Ext.P1
document.
d) Issue such other appropriate writs, orders or directions
as this Hon'ble Court deems fit and proper in the facts and
circumstances of the case." [sic]
5. In this writ petition, Ext.P4 is challenged. Ext.P4 is a
notice issued under the Kerala Land Conservancy Rules.
6. When W.P.(C.) No. 30212/2016 came up for
consideration on 08.09.2016, this Court passed the following
6032/2018
order:
"Admit.
The learned Government Pleader takes notice for the
respondents.
The proceedings under Ext.P4 shall be kept in abeyance for a
period of two weeks.
Post on 20.09.2016."
7. The interim order was extended until further orders
on 18.10.2016.
8. When W.P.(C.) No.6032/2018 came up for
consideration on 22.08.2018, this Court passed the following
order :
"GP as well as SC for R5 and R6 seeks time for taking
instructions and filing a statement.
In the meanwhile, there will be a direction not to take any
coercive action in violation of Ext.P7 interim order passed by
this Court in W.P.(C.) No.30212/2016 dated 18.10.2016 for a
period of two months."
9. The main grievance of the petitioners is that without
considering the grievance of the petitioners, the official
6032/2018
respondents are taking steps to evict the petitioners. The
petitioners submitted Ext.P5 against Ext.P4 produced in
W.P.(C.) No. 30212/2016. After hearing both sides, I think
these writ petitions can be disposed of directing the 3 rd
respondent to consider Ext.P5 in W.P.(C.) No. 30212/2016 and
till then, all further proceedings against the petitioners based
on Ext.P4 in these two writ petitions can be deferred. The
petitioners can be allowed to file appropriate explanation to
Ext.P4 in W.P.(C.) No. 6032/2018 to the authority concerned.
Therefore, these writ petitions are disposed of with the
following directions :
1) W.P.(C.) No. 30212/2016 is disposed of directing the
3rd respondent to consider Ext.P5 and pass appropriate
orders after giving an opportunity of hearing to the
petitioners as expeditiously as possible, at any rate, within
three months from the date of receipt of a certified copy of
this judgment. Till final orders are passed, all further
6032/2018
proceedings consequent to Ext.P4 shall be kept in
abeyance.
2) W.P.(C.) No. 6032/2018 is disposed of allowing the
petitioners to submit their explanation to Ext.P4 notice
before the 3rd respondent, within one month from the date
of receipt of a certified copy of this judgment. If such an
explanation is received from the petitioners, the 3 rd
respondent will consider the same and pass appropriate
orders in it, after giving an opportunity of hearing to the
petitioners. If the explanation is submitted as directed
above, all further proceedings based on Ext.P4 shall be
kept in abeyance, till final orders are passed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
6032/2018
APPENDIX OF WP(C) 6032/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 2039/1975 OF
SRO, KOTTAKKAL, DATED 3.11.1975.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 4TH RESPONDENT, DATED 15.01.2007.
EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT
ISSUED BY EDARIKKODE PANCHAYATH DATED
7.9.2016.
EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD
RESPONDENT, DATED 18.6.2007.
EXHIBIT P5 TRUE COPY OF THE PLAINT, O.S. NO. 103/2017
FILED BEFORE THE SUB COURT, TIRUR, DATED
12.7.2007.
EXHIBIT P6 TRUE COPY OF THE WRITTEN STATEMENT IN EXT.
P5 SUIT, DATED 11.9.2007.
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO.30212/2016, DATED 18.10.2016.
EXHIBIT P8 TRUE COPY OF THE REPORT PUBLISHED IN
MATHRUBHOOMI DATED 19.1.2018.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SENT TO
THE 2ND RESPONDENT, DATED 20.1.2018.
6032/2018
APPENDIX OF WP(C) 30212/2016
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S NO
103/2007 BEFORE THE HON'BLE SUB COURT,
TIRUR DATED 12-07-2007
EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE DEFENDANTS IN O.S NO 103/2007
BEFORE THE HON'BLE SUB COURT, TIRUR DATED
EXHIBIT P3 A TRUE COPY OF THE PETITION IN I.A NO
3160/2011 IN O.S NO 103/2007 BEFORE THE
HON'BLE SUB COURT, TIRUR DATED NOVEMBER
EXHIBIT P4 A TRUE COPY OF THE NOTICE NO 165/2016
DATED 25-08-2016 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE REPLY TO EXHIBIT P4
DATED 06-09-2016
