Kerala High Court
P.V.Emmanuel vs State Of Kerala on 22 October, 2024
WP(C) No.33683/2019 1/4 Order Date : 22-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
WP(C) NO. 33683 OF 2019
PETITIONER:
P.V.EMMANUEL, AGED 63 YEARS, S/O. LATE VARKEY, RESIDING AT
POTHANAMOOZHIYIL HOUSE, RANDAR P.O., MUVATTUPUZHA-686673.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695001.
2. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA TALUK, MINI CIVIL STATION,
MUDAVOOR P.O., ERNAKULAM DISTRICT, PIN-686669.
3. AAYAVANA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AAYAVANA
P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686673.
4. TALUK SURVEYOR, MUVATTUPUZHA, PIN-686661.
5. TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN-686691.
6. M.T. VARGHESE @ VARKEY, S/O. THOMMAN, AGED 69 YEARS, RESIDING AT
MUDAKKALIL HOUSE, RANDAR P.O., MUVATTUPUZHA TALUK, ERNAKULAM
DISTRICT, PIN-686673.
7. CHINNAMMA VARGHESE, AGED 60 YEARS, W/O. VARGHESE, RESIDING AT
MUDAKKALIL HOUSE, RANDAR P.O., MUVATTUPUZHA TALUK, ERNAKULAM
DISTRICT, PIN-686673.
8. ADDL.R8: THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682 030 (ADDL.R8 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 15.10.2024 IN WP(C) NO.33683/2019)
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 to direct the 4th respondent to implement Ext-P3 order within a
stipulated time as fixed by this Honourable Court,during the pendency of
the Writ Petition ( Civil).
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
21-10-2024 and upon hearing the arguments of SRI. PEEYUS A.KOTTAM,
Advocate for the petitioner, GOVERNMENT PLEADER for R1, R2, R4 & R5 and
SRI. BABU JOSEPH KURUVATHAZHA, Advocate for R3 and of SRI.ALEXANDER
JOSEPH, Advocate for R6 & R7, the court passed the following:
WP(C) No.33683/2019 2/4 Order Date : 22-10-2024
HARISANKAR V. MENON, J.
-------------------------------
W.P.(C) No.33683 of 2019
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Dated this the 22nd day of October 2024
ORDER
Read the order dated 29.02.2024.
2. Pursuant to the orders issued by this Court on
29.02.2024, the 4th respondent-Taluk Surveyor,
Muvattupuzha Taluk, has filed the report before this Court
dated 18.10.2024. In the penultimate paragraph of the said
report, it is stated as under:
"According to the survey sketch prepared by the Village
Officer on 15.01.1968, the width of the road was
entered as 3.4m. and at present, the road has a width
of 4.5m. The Panchayath Secretary, with the consent
of the petitioner and respondents, requested to
demarcate the road with a width of 5m. Subsequently,
based on that request, the road has been demarcated
with a width of 5m. They have acknowledged the road
width and given their consent on 11.10.2024.
3. Both sides agree that the findings in the afore
paragraph can be implemented.
4. The 3rd respondent Panchayat to implement the
WP(C) No.33683/2019 3/4 Order Date : 22-10-2024
directions/findings in the afore paragraph of the afore report,
filed by the Taluk Surveyor, and report compliance thereof by
the next posting date.
Post finally for disposal on 29.10.2024.
Sd/-
HARISANKAR V. MENON, JUDGE
Skk/24.10.2024
WP(C) No.33683/2019 4/4 Order Date : 22-10-2024
APPENDIX OF WP(C) 33683/2019
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE DATED 12/08/2015
OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION
ACT, 2005.
EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.A12-5863/18/L.DIS. DATED
15/09/2015 OF THE REVENUE DIVISIONAL OFFICER ISSUED THE
SECRETARY, AAYAVANA GRAMA PANCHAYATH.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC 30507/2015 DATED
29/03/2016 PASSED BY THIS HON'BLE COURT.
EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.A12-2257/16 OF THE 2ND
RESPONDENT DATED 11/08/2016.
EXHIBIT P5 TRUE COPY OF THE REPORT SUBMITTED IN PURSUANT TO THE
PROCEEDINGS OF THE REVENUE DIVISIONAL OFFICER, BY THE
TALUK SURVEYOR, MUVATTUPUZHA DATED 28/04/2018.
EXHIBIT R6(D) TRUE COPY OF THE INFORMATION DATED 29/01/2020 ISSUED BY
THE VILLAGE OFFICER ENANALLOOR VILLAGE.
EXHIBIT R6(A) TRUE COPY OF THE LAND TAX RECEIPT DATED 14/08/2018
ISSUED BY THE VILLAGE OFFICER ENANALLOOR VILLAGE.
EXHIBIT R6(B) TRUE COPY OF THE LAND TAX RECEIPT DATED 27/05/2015
ISSUED BY THE VILLAGE OFFICER ENANALLOOR VILLAGE.
EXHIBIT R6(C) TRUE COPY OF THE APPLICATION DATED 17/01/2020 OF THE
SON OF THE 6TH RESPONDENT UNDER RI ACT.
Exhibit R6(e) TRUE COPY OF THE APPLICATION DATED 13/12/2022 OF THE
RESPONDENTS 6 AND 7 TO THE RESPONDENT 3 TO 4.
Exhibit R6(f) TRUE COPY OF THE POSTAL RECEIPT DATED 14/12/2022.
