Kerala High Court
Devasi P.V vs Nadathara Grama Panchayat on 25 February, 2025
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WP(C) Nos.29932/2019 & 41266/2018 2025:KER:20178
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO.29932 OF 2019
PETITIONER:
DEVASI P.V.,
AGED 58 YEARS, S/O. VARKEY,
PUTHAN PURAKKAL HOUSE, CHERUMKUZHI, ASSARIKKAD P.O.,
MULAYAM, THRISSUR DISTRICT, PIN-680 751.
BY ADVS.
P.U.SHAILAJAN
SRI.M.SURESH KUMAR
SRI.V.SREEJITH (K/1398/2000)
SMT.VIDYA KURIAKOSE
RESPONDENTS:
1 NADATHARA GRAMA PANCHAYAT
NADATHARA P.O., THRISSUR -680 751,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
NADATHARA GRAMA PANCHAYATH,
NADATHARA P.O., THRISSUR -680 751.
3 THE VILLAGE OFFICER,
MULAYAM VILLAGE, THRISSUR DISTRICT -680 751.
4 THE TALUK SURVEYOR,
THRISSUR TALUK, THRISSUR-680 751.
5 JOY,
S/O. JOSEPH, KOCHUPUAKKAL HOUSE,
ASHARIKKADU P.O., CHERUMUZHI, THRISSUR-680 751.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.T.JAYAN, GOVERNMENT PLEADER
SRI.A.RANJITH NARAYANAN
SRI.P.S.APPU
SMT.A.SIMI
SRI.G.SREEKUMAR (CHELUR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.02.2025,
ALONG WITH WP(C) NO.41266/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) Nos.29932/2019 & 41266/2018 2025:KER:20178
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO.41266 OF 2018
PETITIONER:
LINTO DEVASYA
AGED 25 YEARS, S/O. DEVASYA P.V.,
PUTHENPURAKKAL (H), ASHARIKKADU P.O.,
CHERIKUZHI (VIA), THRISSUR - 680 751.
BY ADVS.
RAJAN VISHNURAJ
SRI.V.HARISH
RESPONDENTS:
1 NADATHARA GRAMA PANCHAYAT
NADATHARA P.O., THRISSUR - 680 751,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
NADATHARA GRAMA PANCHAYAT, NADATHARA,
NADATHARA P.O., THRISSUR - 680 751.
3 JOY,
S/O. JOSEPH, KOCHUPURAKKAL (H),
ASHARIKKADU P.O., CHERUMUZHI, THRISSUR - 680 751.
4 VILLAGE OFFICER,
MULAYAM VILLAGE, THRISSUR DISTRICT - 680 751.
5 DIRECTOR OF PANCHAYATH,
DIRECTORATE OF PANCHAYATH, PALAYAM,
THIRUVANANTHAPURAM - 695 033.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.A.RANJITH NARAYANAN
SRI.A.R.NIMOD
SMT.A.SIMI
SRI.G.SREEKUMAR (CHELUR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.02.2025,
ALONG WITH WP(C) NO.29932/2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) Nos.29932/2019 & 41266/2018 2025:KER:20178
JUDGMENT
[WP(C) Nos.29932/2019, 41266/2018]
Petitioners, who are the son and the father respectively,
have filed the captioned writ petitions complaining about the
business owned by the 3rd respondent in W.P.(C) No.41266 of
2018 and also the 5th respondent in W.P.(C) No.29932 of
2019, in a building constructed by him, by encroaching into a
purmboke land without a valid licence/permit.
2. Heard Sri.P.U.Shailajan, learned counsel for the
petitioner, Sri.T.C.Suresh Menon, learned counsel for the
Panchayat. Sri. A.R.Ranjith Narayanan, learned counsel for
the 5th respondent herein and Sri.T.Jayan, the learned
Government pleader for official respondents.
3. Sri.Suresh Menon, learned counsel for the
Panchayat, would point out that as of now the 5th respondent
is not running the business in the building in question, insofar
as a stop memo was issued by him. He would also point out
that, in fact, no irregularity with respect to the permit granted
WP(C) Nos.29932/2019 & 41266/2018 2025:KER:20178
to the 5th respondent is also established.
4. In any view of the matter, insofar as the 5th
respondent is not conducting any business, as pointed out by
the learned counsel for the Panchayat, I am of the opinion
that the prayers in these writ petitions have virtually become
infructuous.
5. As regards the allegation with respect to the
presence of a puramboke land, in which there is an
encroachment by the 5th respondent, it is pointed out by the
learned Government Pleader that a survey report dated
10.12.2019 is filed by the Taluk Surveyor, addressed to the
Tahsildar (Land Records), Thrissur.
In the light of the afore communication, these writ
petitions are disposed of, as it is for the parties to work out
their remedies.
Sd/-
HARISANKAR V. MENON
JUDGE
Skk//07.03.2025
WP(C) Nos.29932/2019 & 41266/2018 2025:KER:20178
APPENDIX OF WP(C) NO.41266 OF 2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OFF THE TAX RECEIPT IN THE
NAME OF THE PETITIONER'S MOTHER.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE BUILDING PERMIT DATED
06.06.2011.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE NOTICE DATED
14.01.2013 ISSUED BY THE 2ND RESPONDENT TO
THE 3RD RESPONDENT.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C) NO. 35458 OF 2014
DATED 21.06.2018.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE COMPLAINT DATED
24.10.2018 ALONG WITH A COPY OF THE SURVEY
SKETCH.
EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER DATED
05.12.2018 ISSUED BY THE 2ND RESPONDENT TO
THE 4TH RESPONDENT.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE CIRCULAR DATED
08.11.2018 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8 A TRUE PHOTOCOPY OF THE COMPLAINT DATED
05.12.2018 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R3(A): A TRUE COPY OF THE REQUEST MADE BY THE THIRD
RESPONDENT DATED 04/02/2013 BEFORE THE
SUPERINTENDENT, SURVEY AND LAND RECORDS.
EXHIBIT R3(B): A TRUE COPY OF THE REPLY FROM THE
SUPERINTENDENT OF SURVEY LAND RECORDS,
THRISSUR DATED 04/01/2013.
EXHIBIT R3(C): A TRUE COPY OF THE REPLY BY THE ASSISTANT
DIRECTOR CENTRAL SURVEY OFFICE,
THIRUVANANTHAPURAM 21/03/2013.
WP(C) Nos.29932/2019 & 41266/2018 2025:KER:20178
EXHIBIT R3(d): A TRUE COPY OF THE COMMUNICATION THAT THE 3RD
RESPONDENT RECEIVED DATED 25/03/2013.
EXHIBIT R3(e): A TRUE COPY OF THE RECEIPT ISSUED TO THE 3RD
RESPONDENT DATED 27/03/2013.
EXHIBIT R3(f): A TRUE COPY OF THE COMMUNICATION FROM THE
COLLECTORATE, THRISSUR DATED 04/04/2013.
EXHIBIT R3(g): A TRUE COPY OF THE COMMUNICATION TO THE THIRD
RESPONDENT DATED 23/05/2013.
EXHIBIT R3(h): A TRUE COPY OF THE PETITION BY THE THIRD
RESPONDENT AS PLP NO.441 OF 2014 DATED
24/02/2014.
EXHIBIT R3(i): A TRUE COPY OF THE REPLY THAT THE 3RD
RESPONDENT HAD OBTAINED FROM THE ADDL.
TAHSILDAR, THRISSUR DATED 20/05/2014.
EXHIBIT R3(j): A TRUE COPY OF THE NOTICE RECEIVED BY THE 3RD
RESONDENT DATED 06/06/2019.
EXHIBIT R3(k): A TRUE COPY OF THE STATEMENT GIVEN BY THE
THIRD RESPONDENT DATED 15/06/2019.
EXHIBIT R3(l): A TRUE COPY OF THE PLAINT IN O.S.NO.3641 OF
18 DATED 29/11/2018 ON THE FILE OF THE
MUNSIFF COURT, THRISSUR.
EXHIBIT R3(m): A TRUE COPY OF THE ORDER PASSED BY THE
LEARNED 2ND ADDL. MUNSIFF COURT, THRISSUR
DATED 12/11/2018 IN I.A.NO.15568 OF 2018 IN
O.S.NO.3180 OF 2018.
WP(C) Nos.29932/2019 & 41266/2018 2025:KER:20178
APPENDIX OF WP(C) NO.29932 OF 2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE STOP MEMO DATED 14.1.2013
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 3.7.2019
ISSUED BY THE THRISSUR PANCHAYAT DEPUTY
DIRECTOR
