Kerala High Court
Eramala Gram Panchayath vs Superintendant Of Police on 3 February, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 3183 OF 2025
1
2025:KER:8395
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 3183 OF 2025
PETITIONER/S:
ERAMALA GRAM PANCHAYATH
ERAMALA, ORKKATTERI P.O., VADAKARA, KOZHIKODE
DISTRICT. REPRESENTED BY ITS SECRETARY, PIN -
673501
BY ADVS.
U.K.DEVIDAS
K.K.ANILRAJ
S.K.SREELAKSHMY
RESPONDENT/S:
1 SUPERINTENDANT OF POLICE
KOZHIKODE, MAVOOR ROAD, KOZHIKODE DISTRICT., PIN -
673016
2 STATION HOUSE OFFICER
EDACHERY POLICE STATION, KOZHIKODE DISTRICT, PIN -
673502
3 BALAKRISHNAN.N
S/O NARAYANA KURUP, OLIVE HOUSE, KARTHIKAPALLY P.O
KARTHIKAPALLY AMSOM AND DESOM, ERAMALA VILLAGE,
VATAKARA TALUK, KOZHIKODE DISTRICT,, PIN - 673542
4 RAJESH.E.P.
S/O.BALAN, EDATHUMPADIKKAL HOUSE, ORKKATTERI.P.O,
ERAMALA AMSOM & ORKKATTERI DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673501
5 SADANANDAN.E
S/O KRISHNA KURUP, ILLATH HOUSE, KARTHIKAPALLY P.O,
KARTHIKAPALLY AMSOM AND DESOM, ERAMALA VILLAGE,
WP(C) NO. 3183 OF 2025
2
2025:KER:8395
VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673542
6 GOVINDAN
S/O POKKAN, THEKKAYIL HOUSE, MUYIPRA.P.O, MUYIPRA
AMSOM AND DESOM, ERAMALA VILLAGE VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673524
7 ASOKAN
S/O KANNAN, M.C.VILLA, CHERUVATT, ORKKATTERI. P.O,
ERAMALA AMSOM & ORKKATTERI DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673501
8 VIJAYAN.A.K.
S/O KELU, VARENNYAM HOUSE, ORKKATTERI.P.O, ERAMALA
AMSOM & ORKKATTERI DESOM, VATAKARA TALUK, KOZHIKODE
DISTRICT, PIN - 673501
9 MANMADAN
S/O. KRISHNAN NAIR, MANIYARATH THAZHEKKUNI HOUSE,
MUYIPRA, KOZHIKODE RURAL KOZHIKODE DI, PIN - 673501
0 SREEJITH.E.P.
S/O. SREEDHARAN, ILLATHPOYIL HOUSE, ORKKATTERY,
KOZHIKODE RURAL, KOZHIKODE DISTRICT, PIN - 673501
11 DINESAN
S/O. NANU, MADHURAPURI, UTHIYEDATHKUNI HOUSE,
ORKKATTERY, KOZHIKODE RURAL KOZHIKODE DISTRICT, PIN
- 673501
12 RAMESAN
S/O. KUMARAN, KALAYAMKULATH HOUSE, ORKKATTERY,
KOZHIKODE RURAL KOZHIKODE DISTRICT, PIN - 673501
13 MANOHARAN
S/O. SANKARAN, LAKSHMI BHAVAN, KUNHIPARAMBATH
HOUSE, MUYIPRA WEST, KOZHIKODE RURAL KOZHIKODE
DISTRICT, PIN - 673501
14 MADHUSOODHANAN
S/O. KRISHNAN, PACHILASSERY MEETHAL HOUSE, ADIYOOR,
ERAMALA, KOZHIKODE RURAL KOZHIKODE DISTRICT, PIN -
673501
15 PRAKASAN
S/O. GOPALAN, PAREMMAL MUKKALI HOUSE, HARBOUR ROAD,
CHOMBALA, KOZHIKODE RURAL KOZHIKODE DISTRICT, PIN -
673308
WP(C) NO. 3183 OF 2025
3
2025:KER:8395
GP SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 3183 OF 2025
4
2025:KER:8395
C.S.DIAS, J.
---------------------------------------
WP(C) No.3183 of 2025
-----------------------------------------
Dated this the 3rd day of February, 2025
JUDGMENT
The writ petition is filed to direct the respondents
1 and 2 to remove the stones laid by the respondents 3 to
15 and their men and the illegal encroachments in the
property mentioned in the writ petition.
Heard; the learned counsel for the petitioner and
the learned Government Pleader.
The learned Government Pleader submitted that,
immediately on receipt of the complaint from the
petitioner and even prior to the filing of the writ petition,
the stones have been removed from the petitioner's
property.
Recording the above submission, the writ petition
is closed.
Sd/-
C.S.DIAS, JUDGE
rkc/03.02.25
WP(C) NO. 3183 OF 2025
2025:KER:8395
APPENDIX OF WP(C) 3183/2025
PETITIONER EXHIBITS
Exhibit P1 . TRUE COPY OF THE RELEVANT PAGE OF THE
BASIC TAX DEMAND REGISTER WITH RESPECT TO
LAND LYING IN RE-SURVEY NO. 77/30 IN
ERAMALA VILLAGE
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
ASSET REGISTER WITH RESPECT TO LAND LYING
IN RE-SURVEY NO. 77/30 IN ERAMALA VILLAGE
Exhibit P3 TRUE COPY OF DECISION NO.1 TAKEN BY
COUNCIL OF PETITIONER IN ITS ORDINARY
MEETING HELD ON 07.10.2023
Exhibit P4 TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 12.06.2024 IN CRIME NO.225/2024 OF
EDACHERY POLICE STATION
Exhibit P5 . TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 12.06.2024 IN CRIME
NO.226/2024 OF EDACHERY POLICE STATION
Exhibit P6 TRUE COPY OF THE ORDER DATED 25.09.2024 IN
I.A.NO.2/2024 IN O.S.NO.99/2024 ON THE
FILES OF MUNSIFF COURT, VATAKARA
Exhibit P7 TRUE COPY OF THE PETITION DATED 23.10.2024
FILED BY THE PETITIONER BEFORE THE SECOND
RESPONDENT
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED
19.12.2024 IN W.P.(C)NO.44720/2024
Exhibit P9 THE COPY OF THE REPRESENTATION DATED
26.12.2024 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT
Exhibit P10 TRUE COPY OF THE COMPLAINT DATED
27.12.2024 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT
Exhibit P11 TRUE COPY OF THE F.I.R IN CRIME NO.7/2025
OF EDACHERI POLICE STATION DATED
03.01.2025
WP(C) NO. 3183 OF 2025
2025:KER:8395
Exhibit P12 TRUE COPY OF THE PETITION DATED 03.01.2025
WITH ITS RECEIPT DATED 06.01.2025 IS FILED
BY THE PETITIONER BEFORE THE FIRST
RESPONDENT
Exhibit P13 TRUE COPY OF THE PETITION DATED 10.01.2025
FILED BY THE PETITIONER BEFORE THE SECOND
RESP
Exhibit P14 TRUE PHOTOGRAPHS
Exhibit P 15 TRUE COPY OF THE COMMISSION REPORT IN O.S.
NO.99/2024 IN I.A. 3/2024 DATED 24.06.2024
SUBMITTED BY THE ADVOCATE COMMISSIONER
Exhibit P16 TRUE COPY OF THE PLAN IN O.S. NO.99/2024
IN I.A. 3/2024 DATED 24.06.2024 SUBMITTED
BY THE ADVOCATE COMMISSIONER
