Sivarajendran V vs The State Of Kerala
2024 Latest Caselaw 29017 Ker

Kerala High Court

Sivarajendran V vs The State Of Kerala on 8 October, 2024

WP(C) No.21587/2021                        1/4                        Order Date : 08-10-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
                 Tuesday, the 8th day of October 2024 / 16th Aswina, 1946

                                 WP(C) NO. 21587 OF 2021

   PETITIONER:

          SIVARAJENDRAN V., AGED 61 YEARS S/O.VELAYUDHA PANICKER, RESIDING IN
          THE ADDRESS ARUN GARDENS, PELLAMKETTUVILA, PRAVACHAMBALAM, NEMOM
          P.O., THIRUVANANTHAPURAM DISTRICT-695020.

   RESPONDENTS:

      1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL
         SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM DISTRICT-695001.
      2. THE PALLICHAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NEMOM
         P.O., THIRUVANANTHAPURAM DISTRICT-695020.
      3. THE SECRETARY, PALLICHAL GRAMA PANCHAYATH, NEMOM P.O.,
         THIRUVANANTHAPURAM DISTRICT-695020.
      4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, VANCHIYOOR
         COURT PREMISES, VANCHIYOOR P.O., THIRUVANANTHAPURAM DISTRICT-695308.
      5. SANJEEV, AGED 56 YEARS S/O.PONNAN, RESIDING IN THE ADDRESS KUZHUVILA
         BUNGLOW, PRAVACHAMBALAM, NEMOM P.O., THIRUVANANTHAPURAM
         DISTRICT-695020.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an interim direction commanding the respondents 2 and 3
   to see it that no further constructions are perpetrated by the fifth
   respondent, in the disputed property unless the controversy the interest
   of justice.


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   22/08/2024 and upon hearing the arguments of M/S.K.P.SATHEESAN (SENIOR),
   GOKUL D. SUDHAKARAN, SABU PULLAN, S.K.ADHITHYAN, K.SUDHINKUMAR &
   P.MOHANDAS (ERNAKULAM), Advocates for the petitioner, M/S.S.MOHAMMED AL
   RAFI & UNNIKRISHNAN R., Advocates for R2 & R3 and of M/S. ARUN V.G.,
   V.JAYA RAGI, R.HARIKRISHNAN (KAMBISSERIL) & NEERAJ NARAYAN, Advocates for
   R5, the court passed the following:
 WP(C) No.21587/2021                         2/4                            Order Date : 08-10-2024



                                     MOHAMMED NIAS C.P, J.
                             ---------------------------------------------
                                   W.P.(C) Nos.27884 of 2021,
                                  21587 of 2021, 27254 of 2021,
                                   7464 of 2022, 9012 of 2022
                                           & 6613 of 2024
                             ---------------------------------------------
                            Dated this the 08th day of October, 2024

                                             ORDER

The learned Government Pleader appearing for the official

respondents submits that though the inspection is over, in order to fix

the boundaries after a survey, the services of the Tahsildar,

Neyyattinkara, were requested and they are awaiting a report from the

Tahsildar.

The learned Government Pleader is granted two weeks' more time

to comply with the order passed by this court on 22.08.2024 in full.

Post on 29.10.2024.

Sd/-

MOHAMMED NIAS C.P. JUDGE DMR/-

WP(C) No.21587/2021 3/4 Order Date : 08-10-2024

APPENDIX OF WP(C) 21587/2021 Exhibit P1 A TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED TO THE FIFTH RESPONDENT DATED 12.12.17.

Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT, ISSUED IN THE NAME OF THE FIFTH RESPONDENT BY THE PALLICHAL GRAMA PANCHAYATH THE SECOND RESPONDENT HEREIN DATED 2.9.17. Exhibit P3 A TRUE COPY OF THE DOCUMENT EXECUTED DATED 4.4.94 BY VIJAYAMMA REGISTERED AS DOCUMENT NO.868/94 OF THE NEMOM SRO.

Exhibit P4 A TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER FROM THE SPECIAL TAHSILDAR, LAND ACQUISITION DATED 25.9.21.

Exhibit P5 A TRUE COPY OF THE CONSENT ISSUED BY THE PETITIONER TO THE FIFTH RESPONDENT DATED 29.8.16.

Exhibit P6 A TRUE COPY OF THE COMMON JUDGMENT DELIVERED IN APPEAL NO.129,89,247 OF 2021 BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 17.9.21.

Exhibit P7 A TRUE COPY OF THE STOP MEMO ISSUED BY THE SECOND RESPONDENT DATED 24.9.21.

Exhibit P8 A TRUE COPY OF THE INTERIM ORDER PASSED IN I.A.NO.1008 OF 21 IN APPEAL NO.466 OF 21 DATED 28.9.21 FOR TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Exhibit R 5 A A TRUE COPY OF THE RESURVEY PLAN PERTAINING TO RESURVEY NO.170 OF BLOCK NO.4 OF PALLICHAL VILLAGE. Exhibit R5 B A TRUE COPY OF SETTLEMENT DEED NO.868/1994, REGISTEREED AT NEMOM SUB REGISTRY.

Exhibit R 5 C A TRUE COPY OF CONSENT DEED DATED 29/8/2016 Exhibit R5 D A TRUE COPY OF THE APPEAL NO.89/2021 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Exhibit R5 E A TRUE COPY OF THE PLAINT IN OS NO.191/2021 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA. Exhibit R5 F A TRUE COPY OF THE PLAINT IN OS NO.270/2021 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA. Exhibit R5 G THE TRUE COPY OF THE INJUNCTION ORDER IN OS NO.270/2021 PASSED BY THE MUNSIFF COURT, NEYYATTINKARA ON 25/3/2021 Exhibit R5 H A TRUE COPY OF THE PLAINT IN OS NO.681/2021 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA. Exhibit R5 I THE TRUE COPY OF THE COMMON ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN APPEAL NO.129/2021, APPEAL NO.89/2021 AND APPEAL NO.247/2021 DATED 17/9/2021 Exhibit R 5 J THE COPY OF THE RIGHT TO INFORMATION LETTER FORWARDED BY SANJEEV.P TO S.H.O, NEMMON AS PER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT.

Exhibit R5 K TRUE COPY OF THE REPLY GIVEN BY A SHO, NEMOM TO SAJEEV.P AS PER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT.

Exhibit R5 L TRUE COPY OF THE COMPLAINT FILED BY SHIV RAJENDRAN BEFORE S.H.O., NEMOM POLICE STATION FURNISHED ALONG WITH EXHIBIT R5(K) WP(C) No.21587/2021 4/4 Order Date : 08-10-2024

Exhibit R5 M TRUE COPY OF THE STOP MEMO DATED 24/9/2021 ISSUED BY PALLICHAL GRAMA PANCHAYAT Exhibit R5 N TRUE COPY OF THE APPEAL NO.466/2021 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS Exhibit R5 O THE TRUE COPY OF THE SAY ORDER PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN IA NO.4008/2021 IN APPEAL NO.466/2021 DATED 28/9/2021 Exhibit R5 P THE TRUE COPY OF THE NOTICE DATED 25/9/2021 ISSUED BY PALLICHAL GRAMA PANCHAYAT TO SANJEEV.P Exhibit R5 Q A TRUE COPY OF THE MEMO FILED BY THE APPELLANT IN APPEAL NO.466/2021 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. Exhibit R5 R THE TRUE COPY OF THE ORDER IN APPEAL NO.466/2021 DATED 26/10/2021 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS,, THIRUVANANTHAPURAM. Exhibit R5 S THE TRUE COPY OF THE BUILDING PERMIT DATED 01/02/2022 NUMBERED A3-258/2021-22 ISSUED BY PALLICHAL GRAMA PANCHAYAT.

Exhibit R5 T THE TRUE COPY OF THE APPROVED PLAN ACCOMPANYING BUILDING PERMIT NO.A3-258/2021-22 DATED 01/02/2022 ISSUED BY PALLICHAL GRAMA PANCHAYAT Exhibit R5 U THE TRUE COPY OF THE COMMISSION REPORT AND PLAN FILED BY THE ADVOCATE COMMISSIONER AND SURVEYOR IN OS NO.191/2021 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA DATED 27/3/2021 Exhibit R5 V THE TRUE COPY OF THE COMMISSION REPORT AND PLAN FILED BY ADVOCATE COMMISSIONER AND SURVEYOR IN OS. NO.270/2021 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA DATED 09/04/2021 Exhibit R5 W THE TRUE COPY OF THE COMMISSION REPORT AND PLAN FILED BY ADVOCATE COMMISSIONER AND SURVEYOR IN APPEAL NO.129/2021 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED NIL. Exhibit R5 X TRUE COPY OF LAND TAX RECEIPT DATED 4/8/2021 ISSUED BY PALLICHAL VILLAGE OFFICE.