Kerala High Court
Durai M vs State Of Kerala on 24 February, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
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WP(C)No.45171 of 2024
2025:KER:17363
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 45171 OF 2024
PETITIONER:
DURAI M
AGED 56 YEARS
S/O MADAN (LATE), RESIDING AT ABY BHAVAN, ADIMALY
ROAD, MUNNAR -, PIN - 685612
BY ADVS.
J.JULIAN XAVIER
FIROZ K.ROBIN
ROY JOSEPH
JOSE. V.V. (THENGATHARA)
ANIES MATHEW
THOMAS P.B.
ASWATHY SUSAN PAUL
AKHIL P.C.
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT (RA)
DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
2 DISTRICT COLLECTOR, IDUKKI
COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN -
685603
3 TAHSILDAR
DEVIKULAM TALUK, DEVIKULAM CIRCULAR ROAD, DEVIKULAM,
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WP(C)No.45171 of 2024
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IDUKKI, PIN - 685613
4 VILLAGE OFFICER
MUNNAR KDH VILLAGE, MUNNAR, PIN - 685612
5 THE SECRETARY
MUNNAR GRAMA PANCHAYAT, MUNNAR GRAMA PANCHAYAT OFFICE,
MUNNAR, KDH VILLAGE, PIN - 685612
OTHER PRESENT:
SRI. JAFFAR KHAN, SR. GP;
SRI. ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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WP(C)No.45171 of 2024
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JUDGMENT
Muralee Krishna, J.
The petitioner filed this writ petition under Article 226 of the
Constitution of India seeking a writ of certiorari to quash Ext.P7
letter dated 20.03.2024 issued by the 5th respondent Secretary of
Munnar Grama Panchayat to the petitioner, rejecting his
application for permission to make certain modifications to the
building occupied by him and a writ of mandamus commanding
the 5th respondent to issue fresh ownership certificate to the
building bearing No.XII/608 (UA) situated in survey No.60/1 of
KDH Village, so as to apply for electricity connection to that
building.
2. Going by the averments in the writ petition, the petitioner
is a member of Scheduled Caste Community who has been in
possession of 1 Acre 40 cents of agricultural land in survey
No.60/1 of KDH Village in Idukki District. According to him, he has
been residing with his family in a hut constructed on that property.
Since the building is in a dilapidated condition, he submitted
Ext.P4 application dated 05.11.2021 before the 5th respondent
seeking permission to renovate the building. But, as per Ext.P5
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th
proceedings dated 10.05.2022 the 5 respondent rejected the
application. Challenging Ext.P5, the petitioner filed
W.P.(C)No.24733 of 2022 before this Court. In order to obtain an
electricity connection to the building occupied by him, as
demanded by the Electricity Department, he requested the 5 th
respondent to issue an ownership certificate. However, the 5 th
respondent gave Ext.P7 reply dated 20.03.2024 stating that the
petitioner's building is included in the list of buildings which are
already demolished and therefore an ownership certificate cannot
be issued to him. Being aggrieved, the petitioner approached this
Court with the above writ petition.
3. The 5th respondent filed a counter affidavit dated
03.02.2025 producing therewith Ext.R5(a) photographs of the
building. In the counter affidavit, it is contended that in the site
inspection conducted by the 5th respondent it is understood that
the building of the petitioner is situated about 250 meters away
from the Headworks Dam and is situated in Pallivasal Grama
Panchayat. Since the building is situated in another Grama
Panchayat, the 5th respondent is not in a position to issue an
ownership certificate. Steps will be taken by the 5th respondent to
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cancel the building number assigned to the petitioner.
4. Today, when this matter came up for consideration the
learned counsel for the petitioner sought permission to withdraw
the writ petition without prejudice to the right of the petitioner to
work out his legally entitled remedy from the Panchayat
concerned.
In such circumstances, the above writ petition is dismissed
as withdrawn, without prejudice to the aforesaid right of the
petitioner.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S.,JUDGE
sks
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APPENDIX OF WP(C) 45171/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 11.07.1996 ISSUED BY THE 4TH
RESPONDENT
Exhibit P2 TRUE COPY OF THE G.O (MS.) NO.211/2012/LSGD
DATED 04.08.2012 ISSUED BY THE 1ST
RESPONDENT
Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE NO.
A7/4430/21 DATED 29.06.2021 ISSUED BY THE
5TH RESPONDENT PANCHAYAT TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
05.11.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER NO. A3-7882/2021
DATED 10.05.2022 ISSUED BY THE 5TH
RESPONDENT
Exhibit P6 TRUE COPY OF RECEIPT DATED 26-5-2023 ISSUED
FROM THE OFFICE OF 5TH RESPONDENT MUNNAR
GRAMA PANCHAYATH
Exhibit P7 TRUE COPY OF THE LETTER NUMBER
400538/PTDC01/GPO/2024/1265(1) DATED 20-3-
2024 ISSUED BY THE 5TH RESPONDENT TO THE
PETITIONER
Exhibit P8 PHOTO TAKEN AT THE TIME OF INSPECTION
DURING MARCH 2024
RESPONDENT EXHIBITS
Exhibit R5(a) True photographs of the building covered
with tarpaulin.
