A.P.Raveendran vs The Village Officer
2024 Latest Caselaw 13834 Ker

Kerala High Court

A.P.Raveendran vs The Village Officer on 28 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
                  THE HONOURABLE MR. JUSTICE S.MANU
     TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                       WP(C) NO. 18034 OF 2024
PETITIONER/S:

          A.P.RAVEENDRAN
          AGED 62 YEARS
          HOUSE NO. 20/10, VADAKKECHERUVIL HOUSE,
          VILAKKUMBHAGOM, CHINNAKANAL, IDUKKI, PIN - 685618
          BY ADVS.
          P.RAMAKRISHNAN
          PREETHI RAMAKRISHNAN (P-212)
          PRATAP ABRAHAM VARGHESE
          MANOJKUMAR G.
          ASHOK MENON


RESPONDENTS:

    1     THE VILLAGE OFFICER
          CHINNAKANAL VILLAGE, CHINNAKANAL,
          IDUKKI, PIN - 685618
    2     THE DISTRICT COLLECTOR, IDUKKI
          COLLECTORATE, PAINAVU P.O, IDUKKI, PIN - 685603
          BY SRI.RENJITH S, SPL.GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.18034 of 2024
                                      2




                              JUDGMENT

A.Muhamed Mustaque, J.

The building wall on the western side of the

petitioner's property has collapsed due to construction of a

drainage by the Grama Panachayt. The petitioner

constructed building wall of his residential building. The

Village Officer issued a prohibitory order. Therefore, this

petition before this Court. It appears that the petitioner

does not possess any patta and there was an earlier

direction by this Court to consider his application for patta

as early as on 29.08.2008 in W.P(C)No.2090 of 2006.

Anyway, considering the limited request, he shall be

permitted to carry out repairs not resulting in extending

the plinth area of the existing building.

However, we make it clear this will not confer

any right on the petitioner over the land, and this will be

subject to any further proceedings to be initiated by the

Revenue Officials in accordance with law.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

S.MANU, JUDGE rkj

APPENDIX OF WP(C) 18034/2024

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF INTERIM ORDER DATED 23/01/2006 IN WP (C) NO. 2090/2006 Exhibit P-2 TRUE COPY OF JUDGMENT DATED 29/8/2008

Exhibit P-3 TRUE COPY OF RECEIPT ISSUED BY CHINNAKANAL GRAMA PANCHAYATH ON PAYMENT OF PROPERTY TAX BY THE PETITIONER Exhibit P-4 TRUE COPY OF OWNERSHIP CERTIFICATE DATED 1/5/2024 ISSUED BY THE CHINNAKANAL GRAMA PANCHAYATH Exhibit P-5 TRUE PHOTOGRAPHS DEPICTING THE CONDITION OF THE PETITIONER'S HOUSE CONSEQUENT TO THE CONSTRUCTION OF THE DRAINAGE Exhibit P-6 TRUE COPY OF STOP MEMO DATED 15/4/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P-7 TRUE COPY OF ORDER DATED 23/06/2010 IN