Kerala High Court
Vadakkenchery Grama Panchayath vs The Director on 13 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
2025:KER:12024
RP Nos.1364/2024 & 35/2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
RP NO. 1364 OF 2024
AGAINST THE JUDGMENT DATED 09-12-2024 IN WP(C) NO.40208
OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/8TH RESPONDENT:
VADAKKENCHERY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, VADAKKENCHERY P.O.,
PALAKKAD, PIN - 678683.
BY ADVS.
N.KRISHNA PRASAD
P.SHANES METHAR
PUSHPARAJ.K.P
HARKISH SREETHU V.S.
RESPONDENTS/RESPONDENTS 1 TO 7 AND PETITIONERS:
1 THE DIRECTOR
N.H AUTHORITY OF INDIA, 310-A, CHANDRANAGAR
EXTENSION, CHANDRANAGAR P.O., PALAKAD, PIN -
678001.
2 THE DISTRICT COLLECTOR
CIVIL STATION PALAKAD, PALAKAD, PIN - 678001.
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RP Nos.1364/2024 & 35/2025
2
3 THE CONCESSIONAIRE
WALAYAR-EXPRESSWAYS PVT.LTD, XI/706, PAMPAMPALLAM,
ATTAPALLAM, WALAYAR, PALAKAD, PIN - 678621.
4 THE TAHSILDAR (L.R)
TALUK OFFICE, ALATHUR P.O., PALAKAD, PIN - 678541.
5 DISTRICT SURVEYOR
DISTRICT SURVEY OFFICE, PALAKAD, PIN - 678001.
6 DEPUTY SUPERINTENDENT OF POLICE
ALATHUR P.O., PALAKAD DISTRICT, PIN - 678541.
7 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
KERALA, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
8 MOHAMMED NIHAS
AGED 28 YEARS
S/O.ABDUL NAZAR PETTAPARAMBIL HOUSE, ANCHUMOORTHY
MANGALAM P.O., NEAR MANGALAM BRIDGE, ALATHUR TALUK,
PALAKAD DISTRICT, PIN - 678682.
9 NAZAR
AGED 52 YEARS
PETTAPARAMBIL HOUSE, ANCHUMOORTHY MANGALAM P.O.,
NEAR MANGALAM BRIDGE, ALATHUR TALUK, PALAKAD
DISTRICT, PIN - 678682.
BY ADV.
SRI.JOHN JOSEPH(ROY)
SRI.BIDAN CHANDRAN, SC.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
13.02.2025, ALONG WITH RP.35/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:12024
RP Nos.1364/2024 & 35/2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
RP NO. 35 OF 2025
AGAINST THE JUDGMENT DATED 09-12-2024 IN WP(C) NO.40208
OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT NO.1:
THE DIRECTOR
AGED 50 YEARS
N.H AUTHORITY OF INDIA 310-A, CHANDRANAGAR
EXTENSION, CHANDRANAGAR P.O, PALAKKAD,
PIN - 678001.
BY ADVS.
LEJO JOSEPH GEORGE
B.G.BIDAN CHANDRAN
RESPONDENTS/PETITIONERS 1 & 2 AND RESPONDENTS/RESPONDENTS
2 TO 8:
1 MOHAMMED NIHAS
AGED 28 YEARS
S/O.ABDUL NAZAR, PETTAPARAMBIL HOUSE, ANCHUMOORTHY
MANGALAM P.O., NEAR MANGALAM BRIDGE, ALATHUR TALUK,
PALAKAD, PIN - 678682.
2 NAZAR
AGED 52 YEARS, PETTAPARAMBIL HOUSE, ANCHUMOORTHY
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RP Nos.1364/2024 & 35/2025
4
MANGALAM P.O., NEAR MANGALAM BRIDGE, ALATHUR TALUK,
PALAKAD DISTRICT, PIN - 678682.
3 DISTRICT COLLECTOR
CIVIL STATION PALAKKAD, PIN - 678001.
4 THE CONCESSIONAIRE
WALAYAR-EXPRESSWAYS PVT.LTD, XI/706, PAMPAMPALLAM,
ATTAPALLAM, WALAYAR, PALAKAD, PIN - 678621.
5 THE TAHSILDAR
TALUK OFFICE, ALATHUR P.O., PALAKAD, PIN - 678541.
6 DISTRICT SURVEYOR
DISTRICT SURVEY OFFICE, PALAKAD, PIN - 678001.
7 DEPUTY SUPERINTENDENT OF POLICE
ALATHUR P.O., PALAKAD, PIN - 678541.
8 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
KERALA, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
9 VADAKKENCHERY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, VADAKKENCHERY P.O.,
ALATHUR, PIN - 678683.
BY ADVS.
SRI.JOHN JOSEPH (ROY)
SRI.N.KRISHNA PRASAD
SRI.P.SHANES METHAR
SRI.SABIR N.S.
SRI.PUSHPARAJ.K.P
SRI.HARKISH SREETHU V.S
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
13.02.2025, ALONG WITH RP.1364/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:12024
RP Nos.1364/2024 & 35/2025
5
T.R. RAVI, J.
--------------------------------------------
RP No.1364/2024 in W.P.(C) No.40208/2024
&
RP No.35/2025 in W.P.(C) No.40208/2024
--------------------------------------------
Dated this the 13th day of February, 2025
ORDER
RP No.35/2025 has been preferred by the NHAI and
RP No.1364/2024 has been preferred by the Vadakkenchery
Grama Panchayat against the judgment dated 09.12.2024 in
W.P.(C) No.40208 of 2024. The judgment proceeds on the
basis that there are encroachments in the NHAI lands and the
same have not been removed. The petitioners in the writ
petition are persons who are having property abutting the
properties of the Panchayat which was stated to be
encroaching into the NHAI property. This Court had noted
the submission of the counsel for the NHAI that even though
notices were issued, encroachment has not been removed. It
is in the above background that this Court had directed the 1 st
2025:KER:12024
RP Nos.1364/2024 & 35/2025
respondent to take immediate action for removing the above
said encroachment in the NHAI land at the earliest.
2. The Vadakkenchery Grama Panchayat, which
is stated to have encroached into the NHAI land has submitted
that there is no such encroachment. The counsel for the NHAI
points out that in Ext.P28, though it was initially noticed in the
survey conducted by the Alathur Taluk Surveyor that the
Panchayat building stands on NHAI property, a further
verification of the same had been initiated through the District
Level Surveyor and the process is not yet completed. It is
submitted that since the process is not yet complete it cannot
be concluded that it was encroachment. On going through the
records I find that Ext.P28 by itself does not lead to a
conclusion that there is an encroachment. Further steps were
to be taken based on Ext.P28 and it is submitted that these
steps have already been taken and notices have also been
issued to the concerned parties.
3. In the above circumstances, I find that the
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RP Nos.1364/2024 & 35/2025
judgment has been issued on a mistaken premise and it needs
to be withdrawn. The judgment in W.P.(C) No.40208 of 2024
stands withdrawn and the writ petition is taken back on file.
The review petitions are allowed.
Sd/-
T.R.RAVI
JUDGE
mpm
2025:KER:12024
RP Nos.1364/2024 & 35/2025
PETITIONER'S ANNEXURES
Annexure 1 COPY OF THE ORDER DATED 08.01.2015 IN
PROCEEDINGS NO. C6-2014/66360/9 OF THE
DISTRICT COLLECTOR, PALAKKAD.
Annexure 2 COPY OF THE JUDGMENT DATED 28.07.2017 IN
WRIT PETITION NO.4685/2017.
Annexure 3 LETTER DATED 07.09.2024 BEARING NO.
NHAI /PD/PKD/NH-544/W-V/LA/1229.
Annexure 4 A COPY OF THE LETTER NO. F5-
12025/3149/9/100 DATED 21.10.2024.
