Kerala High Court
M/S. Maharaj Plywood And Board vs Niyas P.K on 25 October, 2024
WA No.1270/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Friday, the 25th day of October 2024 / 3rd Karthika, 1946
IA.NO.2/2024 IN WA NO. 1270 OF 2022
AGAINST JUDGMENT DATED 01/08/2022 IN WP(C) 509/2022 OF THIS COURT
APPLICANTS/RESPONDENTS 1 & 2:
1. NIYAS P.K., AGED 41 YEARS S/O. KUNJUMUHAMMED, PLASSERIKUDI HOUSE,
KOOVALLOOR P.O., KOTHAMANGALAM ,PIN- 686 671.
2. NOUSHAD N.M, AGED 43 YEARS, S/O. MUHAMMED, NATTUKALLINGAL HOUSE,
KOOVALLOOR P.O., KOTHAMANGALAM - 686 671.
RESPONDENTS/APPELLANT/RESPONDENTS 3 TO 14:
1. M/S. MAHARAJ PLYWOOD AND BOARD, REPRESENTED BY ITS MANAGING PARTNER,
AJMAL, AGED ABOUT 40 YEARS, S/O. ABDUL KAREEM, MOLEKUDIYIL HOUSE,
PUTHUPADY, PALLARIMANGALAM,PIN - 686 671.
2. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD,
ERNAKULAM 682 030.
4. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY CHIEF
ENVIRONMENT ENGINEER, GANDHI NAGAR, ERNAKULAM 682 020.
5. THE DISTRICT MEDICAL OFFICER, DMO (H) ERNAKULAM, PARK AVE, MARINE
DRIVE, ERNAKULAM, KERALA - 682 011.
6. THE TAHSILDAR, KOTHAMANGALAM, FOURTH FLOOR, REVENUE TOWER, SH 16,
KOTHAMANGALAM - 686 666.
7. THE TALUK SURVEYOR, KOTHAMANGALAM- 686 691.
8. THE VILLAGE OFFICER, PALLARIMANGALAM - 686 671.
9. THE PALLARIMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,
KOOVALLOOR P.O., ERNAKULAM DISTRICT,PIN - 686 671.
10. THE PALLARIMANGALAM GRAMA PANCHAYATH COMMITTEE, REPRESENTED BY ITS
PRESIDENT KHADEEJA MUHAMMED, PIN- 686 671.
11. THE DEPUTY DIRECTOR OF PANCHAYATH, PANCHAYAT DEPUTY DIRECTOR OFFICE,
ERNAKULAM - 689 645.
12. THE DEPARTMENT OF FIRE AND RESCUE SERVICES, REPRESENTED BY DISTRICT
FIRE OFFICER, NEAR FIRE STATION, GANDHI NAGAR, ELAMKULAM, KOCHI -
682 020
13. DIVISIONAL FOREST OFFICER, KOTHAMANGALAM,PIN - 686 691.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to staythe operation
of Exhibit R1(d) and R1 (e), till the disposal of the appeal.
This Application coming on for orders on 25/10/2024 upon perusing
the application and the affidavit filed in support thereof, and upon
WA No.1270/2022 2/5
hearing the arguments of ADV.M/S.PEEYUS A KOTTAM for the applicants,
ADV.M/S R.LAKSHMI NARAYAN (SR),R.RANJANIE & MOHAMMED ANZARI P for R1,
SPECIAL GOVERNMENT PLEADER , T.P.SAJAN for R2,R3,R5 - R8,R11-R13 and
STANDING COUNSEL T.NAVEEN For R4,and STANDING COUNSEL M.R.SASI for R9 &
R10, the court on the same day passed the following:
WA No.1270/2022 3/5
NITIN JAMDAR, C. J. & S. MANU, J.
===================================
I. A. No. 2 of 2024
&
W. A. No. 1270 of 2022
===================================
Dated this the 25th day of October, 2024
ORDER
Nitin Jamdar, C. J.
Heard Sri. R. Lakshmi Narayan, learned Senior Advocate
appearing for the Appellant-Original Respondent No. 13, Sri. Peeyus
A. Kottam, learned counsel for Respondent Nos. 1 and 2-Original
Petitioners and Sri. T. P. Sajan, learned Special Government Pleader.
2. In the appeal, the Appellant has challenged the judgment
delivered by the learned Single Judge dated 1 August 2022 in W. P. (C)
No. 509 of 2022 directing the Grama Panchayat to remove the
encroachment of the Appellant. During the pendency of the appeal,
there is an interim order staying the direction. The Division Bench also
directed the survey authorities to carry out a survey.
3. I. A. No. 2 of 2024 is taken out by the Original Petitioners stating
that the authorities have already declared on the aspect whether there is
an encroachment or not. He states that these orders are in Malayalam
and seeks time to place the translated copy on record. The reply of the
Respondents to the application, if any, be filed within a period of two
weeks.
4. We make it clear that if there is such a final declaration by the
authorities holding that there is no encroachment by the Appellant, it
will be subject to the orders to be passed in the appeal and will not be
given effect to as this aspect will be considered on the next date of
hearing.
5. Post the appeal on 14 November 2024.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S. MANU
JUDGE
Eb
25-10-2024 /True Copy/ Assistant Registrar
Exhibit R1(d) THE TRUE COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR
TO THE DISTRICT COLLECTOR DATED 24.05.2024
Exhibit R1(e) THE TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR
DATED 14.08.2024
25-10-2024 /True Copy/ Assistant Registrar
