Kerala High Court
Rachel Baby vs The Project Director on 22 April, 2025
2025:KER:32945
W.P.(C) No.16599 of 2025 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
WP(C) NO. 16599 OF 2025
PETITIONER:
RACHEL BABY
AGED 56 YEARS
W/O. BABY AMBAZHACHALIL HOUSE, PUTHUPADY P.O
KOTHAMANGALAM TALUK MUVATTUPUZHA, ERNAKULAM
DISTRICT, PIN - 686673
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
MINNU DARWIN
RESHMA RAJESH
RESPONDENTS:
1 THE PROJECT DIRECTOR
NHA1-PIU COCHIN-II BTS ROAD, EDAPALLY ERNAKULAM,
PIN - 682024
2 THE DISTRICT SURVEY SUPERINTENDENT
COLLECTORATE, CIVIL STATION KAKANAD, ERNAKULAM, PIN
- 682030
3 THE TAHSILDAR
TALUK OFFICE, KOTHAMANAGALAM ERNAKULAM DISTRICT,
PIN - 686691
4 THE HEAD SURVEYOR
TALUK OFFICE, KOTHAMANAGALAM ERNAKULAM DISTRICT,
PIN - 686691
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W.P.(C) No.16599 of 2025 :2:
5 SOJI PHILIP
AGED 50 YEARS
W/O. ANO MATHEW PUTHIYEDATH HOUSE, PUTHUPADY P.O
KOTHAMANGALAM TALUK MUVATTUPUZHA, ERNAKULAM
DISTRICT, PIN - 686673
GP - SMT.PARVATHY K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.16599 of 2025 :3:
P.M.MANOJ, J.
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W.P.(C) No.16599 of 2025
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Dated this the 22nd day of April, 2025
JUDGMENT
The prayer in the writ petition is for a direction to
respondents 1 to 4 to measure out the property of the petitioner on
the basis of Exts.P1, P2 and Survey Plan to determine the boundary
of the petitioner and National Highway, within a time limit to be
fixed by this Court. Considering the prayer to determine the
boundary of the petitioner & National Highway, notice to the 5 th
respondent is dispensed with.
2. It is averred that the petitioner is the owner of 2.43 Ares of
land comprised in Sy.No.1485/6 in Kothamangalam Village,
obtained as per Ext.P1 sale deed. West--north side of the property
is National Highway and there is well separated boundary
separating the property of the petitioner and the National
Highway. The petitioner submits that National High Way Authority
is developing and widening the said road and in the said process,
the officers under the 1 st respondent encroached into the property
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of the petitioner, alleging that which forms part of the national
highway and put up sign board for construction of the road.
Thereupon the petitioner submitted various complaints requesting
to measure out the property and to fix the boundary. As the
measurement could not be conducted by the authorities till date,
the petitioner has approached this Court.
3. Taking into consideration the above facts and
circumstances, there will be a direction to respondents 1 to 4 to
measure out the property of the petitioner with respect to
Sy.No.1485/6 in Kothamangalam Village, taking into consideration
Exts.P1 and P2 to determine the boundary with National Highway,
within a period of one month from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
Sd/-
P.M.MANOJ
JUDGE
sm/
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APPENDIX OF WP(C) 16599/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF SALE DEED NO. 1572 OF 2004
DATED 09/03/2004 OF SUB REGISTRY
OFFICE/SRO, MUVATTUPUZHA.
Exhibit P-2 TRUE COPY OF THE TAX RECEIPT NO. 5775205
DATED 23/01/2016 ISSUED FROM VILLAGE
OFFICE, KOTHAMANGALAM
Exhibit P-3 TRUE COPY OF THE RECEIPT NO. 20492 DATED
19/02/2019 ISSUED FROM KOTHAMANGALAM
MUNICIPALITY
Exhibit P-4 TRUE COPY OF COMPLAINT DATED 25/08/2023
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT
Exhibit P-5 TRUE COPY OF COMPLAINT DATED 10/12/2024
SUBMITTED BY THE PETITIONER BEFORE THE
HON'BLE CHIEF MINISTER OF KERALA
Exhibit P-6 TRUE COPY OF RECEIPT REGISTRATION ID
NO.EKM0870475 ISSUED FROM COLLECTORATE,
ERNAKULAM FOR HAVING RECEIVED EXT.P5
Exhibit P-7 TRUE COPY OF LETTER NO.EKM0870475 DATED
12/01/2024 ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER
Exhibit P-8 TRUE COPY OF COMPLAINT DATED 30/08/2024
SUBMITTED BY THE COMPLAINANT BEFORE THE
3RD RESPONDENT
Exhibit P-9 TRUE COPY OF LETTER NO.G2-5035/2024 DATED
03/09/2024 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
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Exhibit P-10 TRUE COPY OF LETTER NO.G2-5006/2024 DATED
09/09/2024 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
Exhibit P-11 TRUE COPY OF REPRESENTATION DATED
11/09/2024 SUBMITTED BY THE PETITIONER
BEFORE THE DEPUTY TAHSILDAR,
KOTHAMANGALAM
Exhibit P-12 TRUE COPY OF LETTER NO.TLKKMG/2702/2024-
A11 DATED 11/10/224 ISSUED BY THE DEPUTY
TASILDHAR TO THE PETITIONER
Exhibit P-13 TRUE COPY OF NOTICE NO.A11/2575/24 DATED
01/11/2024 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER
Exhibit P-14 TRUE COPY OF NOTICE NO.G2-7363/24 DATED
01/02/2025 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
Exhibit P-15 TRUE TYPED COPY OF NOTICE NO.G2-7363/24
DATED 17/03/2025 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P-16 TRUE COPY OF PLAINT IN O.S. NO. 91 OF
2025 BEFORE THE MUNSIFF COURT,
KOTHAMANGALAM FILED BY THE 5TH
RESPONDENT.
Exhibit P-17 TRUE COPY OF PLAINT IN O.S. NO. 101 OF
2025 BEFORE THE MUNSIFF COURT,
KOTHAMANGALAM FILED BY THE PETITIONER
