Kerala High Court
Khalid vs The State Of Kerala on 23 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:70598
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 /1ST ASWINA, 1946
WP(C) NO. 27766 OF 2022
PETITIONER/S:
ABDUL GAFOOR M
AGED 57 YEARS
S/O MUTHUVATT SAIDALAVI, THUPPAKULAM,
PALLIKKAL, KONDOTTY, MALAPPURAM DISTRICT,
PIN - 673634
BY ADV K.RAKESH
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE EXECUTIVE ENGINEER, PWD( ROADS)
OFFICE OF THE EXECUTIVE ENGINEER, MANJERI,
MALAPPURAM DISTRICT, PIN - 676121
3 THE ASSISTANT EXECUTIVE ENGINEER, PWD(ROADS)
TIRUR, MALAPPURAM DISTRICT, PIN - 676101
4 THE ASSISTANT ENGINEER, PWD(ROADS)
KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638
SRI.RAJEEV JYOTHISH GEORGE, (GP)
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 23.09.2024, ALONG WITH WP(C).27656/2022,
27760/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA,
1946
WP(C) NO. 27656 OF 2022
PETITIONER/S:
KHALID
AGED 54 YEARS
S/O MUTHUVATT SAIDALAVI, THUPPAKULAM,
PALLIKKAL, KONDOTTY, MALAPPURAM DISTRICT,
PIN - 673634
BY ADV K.RAKESH
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE EXECUTIVE ENGINEER, PWD( ROADS)
OFFICE OF THE EXECUTIVE ENGINEER, MANJERI,
MALAPPURAM DISTRICT, PIN - 676121
3 THE ASSISTANT EXECUTIVE ENGINEER, PWD(ROADS)
TIRUR, MALAPPURAM DISTRICT, PIN - 676101
4 THE ASSISTANT ENGINEER, PWD(ROADS)
KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
4
SRI.RAJEEV JYOTHISH GEORGE, (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 23.09.2024, ALONG WITH WP(C).27766/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA,
1946
WP(C) NO. 27760 OF 2022
PETITIONER/S:
ABDUL AZEEZ
AGED 74 YEARS
S/O AHAMMEDKUTTY MUSLIAR, MUTHUVATT,
THUPPAKULAM, PALLIKKAL, KONDOTTY, MALAPPURAM
DISTRICT, PIN - 673634
BY ADV K.RAKESH
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE EXECUTIVE ENGINEER, PWD( ROADS)
OFFICE OF THE EXECUTIVE ENGINEER, MANJERI,
MALAPPURAM DISTRICT, PIN - 676121
3 THE ASSISTANT EXECUTIVE ENGINEER, PWD(ROADS)
TIRUR, MALAPPURAM DISTRICT, PIN - 676101
4 THE ASSISTANT ENGINEER, PWD(ROADS)
KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
6
SRI.RAJEEV JYOTHISH GEORGE, (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 23.09.2024, ALONG WITH WP(C).27766/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
7
JUDGMENT
Dated this the 23rd day of September, 2024
All these Writ Petitions are identical in nature
and connected. In all these Writ Petitions, the
petitioners challenge Ext.P5 eviction notice issued
under the Kerala Highway Protection Act, 1999. In the
notice, it is stated that the petitioners have encroached
into the PWD road. The petitioners were directed to
show cause why they shall not be evicted from the
alleged encroached portion of the PWD road. The
petitioners gave Ext.P6 reply, stating that they have not
encroached into the PWD road. On the other hand, the
disputed land in question belongs to them and it is in
their possession. It is further contended that the
property would not fall within the ambit of the
definition of the "Highway" under Section 2(h) of the
Kerala Highway Protection Act, 1999.
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
Having heard the learned counsel for the
petitioners, Sri.K.Rakesh and the learned Government
Pleader, Sri.Rajeev Jyothish George, these Writ
Petitions are disposed of, with a direction to the 2 nd
respondent to consider Ext.P6 reply notices, hear the
petitioners and thereafter, pass appropriate orders in
accordance with law. Till such an order is passed, the
petitioners shall not be evicted.
Sd/-
Dr.KAUSER EDAPPAGATH
JUDGE
JJ
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
APPENDIX OF WP(C) 27656/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 16-12-2021 ISSUED
FROM PALLIKKAL VILLAGE
Exhibit P2 TRUE COPY OF THE LATEST LAND TAX
RECEIPT PERTAINS TO THE PROPERTY IN
QUESTION DATED 11-8-2022 ISSUED FROM
PALLIKKAL VILLAGE
Exhibit P3 TRUE COPY FO THE BUILDING PERMIT
ISSUED IN FAVOUR OF THE PETITIONER BY
THE SECRETARY OF PALLIKKAL GRAMA
PANCHAYATH DATED 27-1-202
Exhibit P4 TRUE COPY OF THE RECEIPT SHOWING
PAYMENT OF PROPERTY TAX TO THE
PALLIKKAL GRAMA PANCHAYATH DATED 11-
8-2022
Exhibit P5 A TRUE COPY OF THE EVICTION NOTICE
DATED 4-8-2022 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P6 TRUE COPY OF THE REPLY TO EXHIBIT P5
SUBMITTED BY THE PETITIONER DATED 16-
8-2022
RESPONDENT EXHIBITS
R4(a) True copy of the letter
no.kdy/Survey/eviction /2021 dated
16.09.2021
R4(b) True copy of the letter
no.kdy/Survey/eviction /2021 dated
21.09.2021
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
R4(c) True copy of the letter no.L2-9648/21
dated 27.01.2022 of Tahsildar(l.r)
kondotty
R4(d) True copy of the report of the Taluk
Surveyor dated 27.01.2022
R4(e) True copy of the survey sketch
produced by the Tahsildar , Kondotty
R4(f) True copy of the letter no.M6 /2022
dated 26.03.2022 from the village
officer, Pallikkal
R4(g) True copy of the letter
no.Kdy/survey/eviction/2021 dated
04.05.2022
R4(h) True copy of the notice
no.A3/KDY/EVICTION/2022(3) DATED
04.08.2022
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
APPENDIX OF WP(C) 27760/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OWNERSHIP
CERTIFICATE DATED 15-11-2016 ISSUED
FROM PALLIKKAL GRAMA PANCHAYATH
Exhibit P2 TRUE COPY OF THE LATEST LAND TAX
RECEIPT PERTAINS TO THE PROPERTY IN
QUESTION DATED 11-8-2022 ISSUED FROM
PALLIKKAL VILLAGE
Exhibit P3 TRUE COPY OF THE BUILDING PERMIT
EARLIER ISSUED IN FAVOUR OF THE
PETITIONER BY THE SECRETARY OF
PALLIKKAL GRAMA PANCHAYATH DATED 31-
3-2022
Exhibit P4 TRUE COPY OF THE RECEIPT SHOWING
PAYMENT OF PROPERTY TAX FOR ONE OF
SHOPROOMS OF THE PETITIONER ISSUED BY
THE PALLIKAL GRAMA PANCHAYATH DATED
30-7-2022
Exhibit P5 A TRUE COPY OF THE EVICTION NOTICE
DATED 4-8-2022 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P6 TRUE COPY OF THE REPLY TO EXHIBIT P5
SUBMITTED BY THE PETITIONER DATED 16-
8-2022
RESPONDENT EXHIBITS
Exhibir R4(a) True copy of the letter
no.kdy/survey/eviction/2021dated
16.9.2021
Exhibit R4(b) True copy of letter
no.kdy/survey/eviction/2021 dated
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
21.9.2021
Exhibit R4(c) A true copy of letter of
Tahsildar,Kondotty dated 27.1.2022 to
the Assistant Engineer PWD
(Roads),kondotty
Exhibit R4(c1) A true copy of the report of the
Taluk surveyor date 27.1.2022
Exhibit R4(c2) A true copy of the Sketch prepared by
the Taluk Surveyor
Exhibit R4(d) True copy of letter no.M6/2022 dated
26.3.2022 of the Village
officer,pallikkal to the 3rd
respondent
Exhibit R4(e) True copy of letter
No.kdy/survey/evicition/2021 dated
4.5.2022
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
APPENDIX OF WP(C) 27766/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 28-01-2022 ISSUED
FROM PALLIKKAL VILLAGE
Exhibit P2 TRUE COPY OF THE LATEST LAND TAX
RECEIPT PERTAINS TO THE PROPERTY IN
QUESTION DATED 11-8-2022 ISSUED FROM
PALLIKKAL VILLAGE
Exhibit P3 TRUE COPY OF THE BUILDING PERMIT
EARLIER ISSUED IN FAVOUR OF THE
PETITIONER BY THE SECRETARY OF
PALLIKKAL GRAMA PANCHAYATH DATED 20-
4-2022
Exhibit P4 TRUE COPY OF THE RECEIPT SHOWING
PAYMENT OF PROPERTY TAX TO THE
PALLIKKAL GRAMA PANCHAYATH DATED 13-
5-2022
Exhibit P5 A TRUE COPY OF THE EVICTION NOTICE
DATED 4-8-2022 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P6 TRUE COPY OF THE REPLY TO EXHIBIT P5
SUBMITTED BY THE PETITIONER DATED 16-
8-2022
RESPONDENT EXHIBITS
Exhibit R4(a) True Copy of the letter
No.kdy/Survey/eviction/2021 dated 16-
09-2021
Exhibit R4(b) True Copy of the letter
No.kdy/Survey/eviction/2021 dated 21-
09-2021
2024:KER:70598
WP(C) NO.27766/2022 & conn.cases
Exhibit R4(c) True Copy of the letter dated 27-01-
2022 of the Tahsildar(LR),Kondotty to
the 3rd Respondent
Exhibit R4(d) True Copy of the report of the Taluk
Surveyor,to the Tahsildar(LR) Kodotty
dated 27-01-2022
Exhibit R4(e) A True Copy of the Sketch prepared by
the Taluk Surveyor in field No
Exhibit R4(f) True Copy of the letter No.M6/2022
dated 26-03-2022 of the Village
Officer,Pallikkal to the 3rd
Respondent
Exhibit R4(g) True Copy of the letter
No.Kdy/Survey/eviction/2021 dated 04-
05-2022 of the 3rd respondent to the
VIllage Officer
