Kerala High Court
Leelamma Kunjukunju vs State Of Kerala on 13 September, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
2024:KER:70434
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024/22ND BHADRA, 1946
W.P.(C) NO.32896 OF 2024
PETITIONERS:
1 LEELAMMA KUNJUKUNJU
AGED 68 YEARS
, S/O LATE CHACKO KUNJUKUNJU RESIDING AT
POOVANNAL HOUSE, PALAR, PUSHPAKANDAM P.O,
PARATHODE VILLAGE , UDUMBUMCHOLA TALUK ,
IDUKKI, PIN - 685554
2 SAJOMON . C. P,
AGED 40 YEARS
S/O LATE CHACKO KUNJUKUNJU RESIDING AT
POOVANNAL HOUSE, PALAR, PUSHPAKANDAM P.O,
PARATHODE VILLAGE , UDUMBUMCHOLA TALUK ,
IDUKKI-, PIN - 685554
3 SIJOMON . C. P
AGED 38 YEARS
S/O LATE CHACKO KUNJUKUNJU RESIDING AT
POOVANNAL HOUSE, PALAR, PUSHPAKANDAM P.O,
PARATHODE VILLAGE , UDUMBUMCHOLA TALUK ,
IDUKKI-, PIN - 685554
BY ADVS.
S.SUJINI
POOJA VENKAT
2
W.P.(C) No.32896 of 2024
2024:KER:70434
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT , PUBLIC OFFICE
BUILDING, MUSEUM, THIRUVANANTHAPURAM,
PIN - 695033
2 THE DISTRICT COLLECTOR
COLLECTORATE ,CIVIL STATION ROAD, IDUKKI,
PIN - 691013
3 THE TAHASILDAR ( LR),
TALUK OFFICE, UDUMBUMCHOLA IDUKKI, PIN - 685554
4 THE SECRETARY
NEDUMKANDAM GRAMA PANCHAYAT,NEDUNKANDAM P.O,
IDUKKI, PIN - 685553.
5 THE VILLAGE OFFICER
PARATHOD VILLAGE PARATHOD, NEDUNKANDAM P.O,
IDUKKI, PIN - 685553.
6 THE TAHASILDAR
TALUK OFFICE, UDUMBUMCHOLA, IDUKKI,
PIN - -68555
BY SMT VINITHA B.,SR GP
BY ADV JASMINE V.H., SC FOR NEDUMKANDAM
PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
W.P.(C) No.32896 of 2024
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ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
W.P.(C) No.32896 of 2024
-----------------------------------------------------------
Dated this the 13th day of September, 2024
JUDGMENT
P.G.Ajithkumar, J.
In the writ petition filed under Article 226 of the
Constitution of India, the petitioners seek the following reliefs:
"A. Issue a writ of mandamus to the 3 rd respondent not to
proceed with Exhibit P12 proceedings against the
petitioners and their family members.
B. Issue a writ of mandamus or any other appropriate
writ, order or direction to the 3 rd respondent, to look into
the Exhibit P13 representation and to leniently considered
the same.
C. Call for records leading to Exhibit P12, declare the
same as illegal and set aside the same.
D. Issue a writ of mandamus or any other appropriate
writ, order or direction to 3rd respondent not to close
access, including vehicular access of the petitioners to the
PWD road through the bridge leading from their
residential property."
2. The claim of the petitioners is that on the basis of
the permission granted by the 4th respondent-Panchayat, they
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together with Sri.Santhosh constructed a bridge across Palar
river and there is no violation or illegality in its construction or
usage to reach the PWD road. Later, Sri.Santhosh having
obtained another way to his property, relinquished his right in
the bridge in favour of the petitioners. It is the contention of
the petitioners that Sri.Subash had made false allegations
against the petitioners and respondent No.3 initiated action
without any basis. The petitioner accordingly would contend
that Ext.P12 order is without any basis and it is liable to be
set aside.
3. Heard the learned counsel for the petitioner, the
learned Special Government Pleader and the learned Standing
Counsel for the 4th respondent Panchayath.
4. Ext.P12 is an order issued by the 3rd respondent
invoking the provisions of Section 11 of the Kerala Land
Conservancy Act, 1957. After necessary enquiry, the 3 rd
respondent found that the property comprised in Res-ruvey
No.523 in Block No.49 of Parathode Village is puramboke land
and the approach road contracted by the petitioners at a
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length of 38 metres and width of 3 metres is along the said
puramboke land. Holding that the petitioners unauthorisedly
laid such a road and thereby trespassed upon the Government
land, the 3rd respondent issued Ext.P12 order, asking them to
vacate from the said property.
5. The learned counsel for the petitioners would
submit that the bridge was constructed so many years before
and has been in the use of the petitioners. The said bridge
and the road leading to the PWD road is the only way to the
residential property of the petitioners and without such a
bridge, they are unable to cross the Palar river. The findings in
Ext.P12 and the order therein are illegal and unsustainable in
law.
6. The learned Special Government Pleader, on the
other hand, would submit that the petitioners did not produce
any document to establish their right to enter the property in
question and as Ext.P12 order was issued after taking into
account all the matters, no interference to the same is
warranted. Statutory remedy is available to challenge Ext.P12
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order and therefore this writ petition is not maintainable.
7. Indisputably, Ext.P12 was issued in the exercise of
the powers under Section 11 of the Land Conservancy Act.
Such an order presupposes an enquiry in order to decide
whether the property in question is a Government land
coming under Section 3 of the Land Conservancy Act or not.
As a matter of fact, such an enquiry was conducted as could
be seen from Ext.P12 and as a sequel to the enquiry only the
said order was issued. An appeal is provided against such an
order under Section 16 of the Land Conservancy Act. A further
remedy of revision is also available. When such statutory
remedies are available, a writ petition cannot ordinarily be
entertained. It may also be noted that a decision on the plea
of the petitioners could be had only on re-appreciation of
evidence. Owing to that and also as alternative statutory
remedy is available, we find no reason to interfere with
Ext.P12 order.
Having heard the submissions at the Bar, we are not
satisfied that Ext.P12 is totally illegal, violative of the
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principles of natural justice or the one issued in total disregard
to the provisions of law. In the said circumstances, we are of
the view that this writ petition is liable only to be dismissed.
Hence this writ petition is dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
2024:KER:70434
APPENDIX OF WP(C) 32896/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THELAND TAX PERTAINING TO
THE PROPERTY IS STILL BEING REMITTED
IN THE NAME OF THE 1ST PETITIONER'S
HUSBAND I.E., LATE CHACKO KUNJUNJU AS
LA NO. 424/74/PTD DATED 10.02.1977
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT FOR
THE YEAR 2024-25 IN RESPECT OF 37ARES
AND 88 SQUARE METERS LYING IN BLOCK
NO.49, PARATHOD VILLAGE LYING IN SY.
NO.523/3 AND 522/4 DATED 06.09.2024
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE
MINUTES TAKEN IN THE MEETING DATED
16.03.2012 OF THE 4TH RESPONDENT
PANCHAYATH
EXHIBIT P4 TRUE COPY OF THE TRANSFER DEED DATED
23.04.2022
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP© NO.
37901/2023 DATE4D 21.05.2024
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP© NO.
15193/2024 DATED 12.04.2024
EXHIBIT P6(A) TRUE COPY OF THE PLAINT FILED BY THE
/2023, BEFORE THE MUNSIFF'S COURT,
KATTAPPANA DATED 10.07.2023
EXHIBIT P6(B) TRUE COPY OF THE INTERIM INJUNCTION
ORDER GRANTED IN IA NO. 1/2023 IN OS
NO. 261/2023 OF MUNSIFF'S COURT,
KATTAPPANA DATED 12.07.2023
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EXHIBIT P7 TRUE COPY OF THE NOTICE NO.
TLKUDM/3334/2023-G7 DATED 16.08.2023
ISSUED BY 3RD RESPONDENT
EXHIBIT P8 TRUE COPY OF THE REPLY IN THE FORM OF
AN AFFIDAVIT SUBMITTED BY THE 2ND
PETITIONER TO THE 3RD RESPONDENT DATED
25.08.2023
EXHIBIT P9 TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE OF LATE CHACKO KUNJUNJU
ISSUED BY THE 6TH RESPONDENT DATED
01.11.2017
EXHIBIT P10 TRUE COPY OF THE GIFT DEED EXECUTED BY
THE LEGAL HEIRS OF LATE CHACKO
KUNJUNJU AND DEVASIA ANTONY DATED
11.01.2024 IN THE NAME OF THE 4TH
RESPONDENT
EXHIBIT 10(A) TRUE COPY OF THE LAND TAX REMITTED IN
THE NAME OF PANCHAYAT SECRETARY SRI.
SUNIL SEBASTIAN, IN RESPECT OF 3 CENTS
OF LAND DATED 02.03.2024
EXHIBIT P11 TRUE COPY OF THE INFORMATION IN THIS
REGARD COMMUNICATED TO MR. DEVASIA
ANTONY , WHO DONATED 10 CENTS FROM HIS
PROPERTY FOR THE PURPOSE OF HOSPITAL
THROUGH LETTER DATED 26.07.2024 FROM
THE OFFICE OF THE DEPUTY DIRECTOR OF
PANCHAYATS
EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS DATED
20.07.2024 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P13 TRUE COPY OF THE REPLY DATED
25.07.2024 SUBMITTED BY THE 2ND
PETITIONER TO THE 3RD RESPONDENT
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EXHIBIT P14 TRUE COPY OF THE RECEIPT ISSUED
ACKNOWLEDGING EXHIBIT P14 DATED
25.07.2024
EXHIBIT P15 TRUE PHOTOGRAPHIC VISUALS DEPICTING
THE PWD ROAD, MUD PATHWAY AND BRIDGE
LEADING TO THE PETITIONERS' PROPERTY
