Kerala High Court
Rajamma vs The District Collector on 8 November, 2024
WP(C) Nos.5364 of 2023 and 30700 of 2022
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2024:KER:83600
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 5364 OF 2023
PETITIONER:
RAJAMMA,
AGED 75 YEARS
W/O. LATE RAMAKRISHNAN, RESIDING AT PELAPPILY HOUSE,
CHELAMATTOM KARA, PERUMBAVOOR VILAGE, KUNNATHUNADU
TALUK, ERNAKULAM DISTRICT, PIN - 683550
BY ADV JOSEPH M.P.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
ERNAKULAM, PIN - 682030
2 THE TAHSILDAR,
KUNNATHUNADU TALUK,
PERUMBAVOOR, PIN - 683542
3 THE TALUK SURVEYOR,
KUNNATHUNADU TALUK,
PERUMBAVOOR, PIN - 683542
4 THE VILLAGE OFFICER,
CHELAMTTOM VILLAGE OFFICE, OKKAL P.O.,
ERNAKULAM DISTRICT, PIN - 683550
5 THE SECRETARY,
OKKAL GRAMA PANCHAYATH,
OKKAL, PIN - 683550
6 R.G. PLASTICS,
REPRESENTED BY ITS PROPRIETOR GOPI,
OKKAL P.O., ERNAKULAM DISTRICT, PIN - 683550
WP(C) Nos.5364 of 2023 and 30700 of 2022
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7 (SENIOR SUPERINTENDENT,
PERFORMANCE UNIT 4, ASSAMANNOOR P.O.,
ERNAKULAM DISTRICT) (AS PER ORDER DATED 08.03.2023 IN
WP(C) 5364/2023, R7 IS DELETED FROM THE PARTY ARRAY),
PIN - 683549
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA(K/000510/1998)
OTHER PRESENT:
SRI.TONY THOMAS, SC, SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, ALONG WITH WP(C).30700/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.5364 of 2023 and 30700 of 2022
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2024:KER:83600
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 30700 OF 2022
PETITIONER:
GOPI V.K.
AGED 66 YEARS
S/O AYYAPPAN, VELLIMATTOM HOUSE,
OKKAL.P.O, ERNAKULAM DISTRICT, PIN - 683550.
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
RESPONDENTS:
1 OKKAL GRAMAPANCHAYATH
REPRESENTED BY ITS SECRETARY, OKKAL.P.O,
ERNAKULAM DISTRICT. PIN - 683550.
2 SECRETARY,
OKKAL GRAMAPANCHAYATH OKKAL.P.O,
ERNAKULAM DISTRICT. PIN-683550.
3 TALUK SURVEYOR,
OFFICE OF TALUK SURVEYOR, KUNNATHUNADU TALUK,
PERUMBAVOOR, ERNAKULAM DISTRICT. PIN - 683542
OTHER PRESENT:
SRI.TONY THOMAS, SC, SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, ALONG WITH WP(C).5364/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.5364 of 2023 and 30700 of 2022
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MOHAMMED NIAS C.P., J
=========================
W.P(C) Nos. 5364 of 2023 and
30700 of 2022
=========================
Dated this the 8th day of November, 2024
JUDGMENT
W.P.(C) No. 30700 of 2022 is filed challenging Exts.P3 and P4
whereby the Panchayat alleging encroachment issued a notice to the
petitioner to vacate and remove the constructions made which prevented
the free flow of water. Ext.P4 is the proceedings of the Taluk Surveyor at the
request of the Secretary of the panchayat to measure the properties. Apart
from seeking to quash Exts.P3 and P4, there is also a prayer in W.P.(C) No.
30700 of 2022 to consider Ext.P5, the representation submitted by the
petitioner therein before the Panchayat.
2. W.P.(C) No.5364 of 2023 is filed against the Panchayat and the
revenue authorities and also impleading the petitioner in W.P.(C) No. 30700
of 2022 as the 6th respondent and praying for a direction to the Panchayat to
demolish the illegally constructed compound wall and the encroachment
made by the 6th respondent.
WP(C) Nos.5364 of 2023 and 30700 of 2022
2024:KER:83600
3. A counter affidavit has been filed on behalf of the Panchayat
stating that they have approached the Tahasildar to measure the
puramboke land to fix the boundaries and also to find out if there is any
encroachment. It is also stated both sides of Ovungal thodu flowing through
wards No. 10, 13, 14 and 15 are encroached by adjacent property owners and
it was for that reason the revenue authorities were requested to measure
and fix the boundaries to remove the encroachments.
4. A statement has been filed on behalf of the 2 nd respondent, the
Tahasildar stating that a request was made to the Taluk Surveyor to refix
the thodu puramboke and a notice was issued to the persons who were
possessing land adjoining the thodu. The custodian of the thodu is the
Grama Panchayat and the Secretary was inspected to submit an application
in Form 10 under the provisions of the Survey and Boundaries Acts and
Rules. Accordingly, the Secretary submitted an application in Form 10 on
11.02.2022. The Taluk surveyor then issued Form 12 notices to all who were
holding land adjacent to the thodu and intimated about the survey
proceedings on 12.09.2022. However, some of the parties requested to
postpone the survey proceedings. Accordingly, the proceedings were
postponed, and nothing happened thereafter.
WP(C) Nos.5364 of 2023 and 30700 of 2022
2024:KER:83600
In view of the statement filed by the Tahasildar, who stated that
Form 12 notices were issued to all the holders of the properties adjoining
the thodu, there will be a direction to the Taluk surveyor to complete the
proceedings of the said survey, to fix the boundaries and also to find out
whether there is any encroachment. The proceedings shall be completed
within three months from the date of receipt of the copy of the judgment.
On the completion of the proceedings as above, it will open to the panchayat
to take appropriate proceedings/steps to evict the unauthorised occupants.
Till the survey proceedings are over, the status quo as of today shall be
maintained by all the parties.
These writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) Nos.5364 of 2023 and 30700 of 2022
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APPENDIX OF WP(C) 30700/2022
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT NO.4340114
06.07.2011 ISSUED BY CHELAMATTOM VILLAGE
OFFICE.
EXHIBIT P1A TRUE COPY OF BASIC TAX RECEIPT NO.4340108
DATE 06.07.2011 ISSUED BY CHELAMATTOM VILLAGE
OFFICE.
EXHIBIT P1B TRUE COPY OF BASIC TAX RECEIPT NO.9629307
DATED 15.01.2019 ISSUED BY CHELAMATTOM
VILLAGE OFFICE.
EXHIBIT P1C TRUE COPY OF BASIC TAX RECEIPT DATED
18.11.2020 ISSUED BY CHELAMATTOM VILLAGE
OFFICE
EXHIBIT P1D TRUE COPY OF BASIC TAX RECEIPT DATED
06.11.2020 ISSUED BY CHELAMATTOM VILLAGE
OFFICE
EXHIBIT P2 PHOTOGRAPHS SHOWING THE PROPERTY OF THE
PETITIONER
EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE
PANCHAYATH DATED 07.10.2021 TO THE
PETITIONER.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 01.09.2022 OF
2ND RESPONDENT ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
15.10.2022 FILED BY THE PETITIONER BEFORE THE
PANCHAYATH
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE TALUK SURVEYOR DATED
15.09.2022.
WP(C) Nos.5364 of 2023 and 30700 of 2022
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APPENDIX OF WP(C) 5364/2023
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 701/1987
DATED 16/5/1987
EXHIBIT P2 A TRUE COPY OF THE TAX RECEIPT DATED 3/6/2022
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED
8/11/2021 THUS SUBMITTED BY THE PETITIONER TO
THE 7TH RESPONDENT ALONG WITH DOCUMENTS
MENTION IN IT
EXHIBIT P4 A TRUE COPY OF THE REPORT OF VILLAGE OFFICER
DATED 5/2/2020
RESPONDENT EXHIBITS :
EXHIBIT R5(A) THE TRUE COPY OF THE RELEVANT EXTRACT OF THE
ORDINARY MEETING BEARING NO.31 DATED 08-11-
2022 OF THE OKKAL GRAMA PANCHAYATH
// True Copy // PA To Judge
