Kerala High Court
Mr. Abubacker P.H vs The Thrikkakara Municipality on 28 February, 2025
2025:KER:16967
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946
WP(C) NO. 14648 OF 2023
PETITIONER/S:
1 K.N CHANDRAN NAIR, AGED 72 YEARS
KALAPPURAKKAL HOUSE,(KOTTARAM KALAPURAKKAL),
NAVODAY, KAKKANAD THENGODE P.O.,ERNAKULAM
DISTRICT, PIN - 682030
2 MARY CHANDRAN
ADDL LEGAL HEIR OF THE DECEASED WRIT PETITIONER
MR. CHANDRAN NAIR. KALAPPURAKKAL HOUSE,
KOTTARAM KALAPURAKKAL)NAVODAYA, KAKKANAD,THENGODE
P.OERNAKULAM DISTRICT
(ADDITIONAL 2ND PETITIONER IS IMPLEADED AS PER
ORDER DTAED 28.02.2025 IN I.A NO. 1 OF 2025 )
BY ADV BINU PAUL
RESPONDENT/S:
1 THRIKKAKKARA MUNCIPALITY,
REPRESENTED BY ITS SECRETARY,
THRIKKAKKARA, KAKKANAD, KOCHI,
PIN - 682030
2 THE SECRETARY,
THRIKKAKKARA MUNICIPALITY,
THRIKKAKKARA, KAKKANAD, KOCHI,
PIN - 682030
3 THE TAHSILDAR,
KANYANNOOR TALUK OFFICE,KANAYANNOOR,
ERNAKULAM P.O,ERNAKULAM DISTRICT,
PIN - 682011
W.P.C Nos.14648 and 37391 of 2023
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4 THE VILLAGE OFFICER,
KAKKANAD VILLAGE OFFICE,
THRIKKAKARA, KAKKANAD P.O.,
ERNAKULAM, PIN - 682030
5 THE HEAD SURVEYOR,
KANAYANNOOR TALUK, TALUK
OFFICE,KANAYANNOOR,ERNAKULAM P.O.,
ERNAKULAM DISTRICT,
PIN - 682011
6 THE TALUK SURVEYOR,
KANAYANNOOR TALUK, TALUK
OFFICE,KANAYANNOOR,ERNAKULAM P. O.,
ERNAKULAM DISTRICT,
PIN - 682011
BY ADV S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.02.2025, ALONG WITH WP(C).37391/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos.14648 and 37391 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946
WP(C) NO. 37391 OF 2023
PETITIONER/S:
MR. ABUBACKER P.H,
AGED 60 YEARS
S/O.LATE HYDROSE,
PAZHANGATTU HOUSE, THENGODE P.O,
KAKKANAD, ERNAKULAM,
PIN - 682030
BY ADVS.
GIGIMON ISSAC
TOBIAS TOGI MATHEW
DESY MARY K.P.
RESPONDENT/S:
1 THE THRIKKAKARA MUNICIPALITY,
REPRESENTED BY IT'S SECRETARY,
THRIKKAKARA, KAKKANAD P.O,
ERNAKULAM, PIN - 682030
2 K.N.CHANDRAN NAIR,
AGED 72 YEARS
SON OF NARAYANAN PILLAI,
KALAPURACKAL HOUSE, THENGODE P.O,
KAKKANAD, ERNAKULAM,
PIN - 682030
W.P.C Nos.14648 and 37391 of 2023
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3 ADDL.R3. DR. MARY CHANDRAN
AGED 72 YEARS, W/O LATE K.N CHANDRAN NAIR,
KALAPURACKAL HOUSE, THENGODE P.O,
KAKKANAD, ERNAKULAM 682 030
4 ADDL.R4. ABHILASH C CHARMS,
AGED 44 YEARS, S/O LATE K.N CHANDRAN NAIR,
KALAPURACKAL HOUSE, THENGODE P.O,
KAKKANAD, ERNAKULAM 682 030
5 ADDL.R5. ANAND C CHARMS
AGED 41 YEARS, S/O LATE K.N CHANDRAN NAIR,
KALAPURACKAL HOUSE, THENGODE P.O,
KAKKANAD, ERNAKULAM 682 030
[ADDL.R3 TO R5 ARE IMPLEADED AS PER ORDER DATED
20.01.2025 IN I.A.1/2025 IN WP(C)37391/2023].
BY ADVS.
S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
BINU PAUL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.02.2025, ALONG WITH WP(C).14648/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos.14648 and 37391 of 2023
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JUDGMENT
These writ petitions pertain to the encroachment allegedly
made by the petitioner in W.P.(C) No.14648/2023 on the road
vested with the respondent Municipality. Ext.P1 in W.P.C
No.14648/2023 is the notice issued to the petitioner therein
requiring him to show cause why proceedings under the Kerala
Municipality Act shall not be initiated against him for such
encroachment and causing damages to the tiles installed by the
Municipality on the road. Ext.P2 in the said writ petition is the
objection submitted by the petitioner therein in response to
Ext.P1. As far as the petitioner in W.P.C No.37391/2023 is
concerned, the relief sought is to direct the Municipality to
initiate appropriate proceedings for removing the encroachment
allegedly made by the petitioner in W.P.(C) No.14648/2023 and
to restore the road to its original position.
2. It is seen from the records that, Ext.P1 has not been
finalized so far after considering the objections raised by the
petitioner in W.P.(C) No.14648/2023. Therefore, I am of the
W.P.C Nos.14648 and 37391 of 2023
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view that, the only order that can be passed in these writ
petitions is to finalise the said proceedings.
Accordingly, these writ petitions are disposed of, directing
the 2nd respondent Municipality to pass further orders pursuant
to Ext.P10 after hearing both the petitioners herein by adverting
to the objections raised in Ext.P2 in W.P.C No.14648/2023. A
decision in this regard shall be taken within a period of one
month from the date of receipt of a copy of this judgment after
hearing both the parties.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
W.P.C Nos.14648 and 37391 of 2023
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APPENDIX OF WP(C) 37391/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTITION DEED NO.
583/1998 OF THRIKAKKARA SRO
Exhibit P2 TRUE COPY OF THE WRITTEN REPRESENTATION
SUBMITTED BY THE PETITIONER AND HIS
SIBLINGS TO THE 1ST RESPONDENT
MUNICIPALITY DATED 24.04.2023
Exhibit P3 TRUE COPY OF THE PHOTOGRAPHS (4 IN
NOS.)
W.P.C Nos.14648 and 37391 of 2023
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APPENDIX OF WP(C) 14648/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE DATED
01.04.2023 ISSUED BY THE SECRETARY OF
THE THRIKKAKKARA MUNICIPALITY
Exhibit P2 THE TRUE COPY OF THE REPLY DATED
09.04.2023 SUBMITTED TO THE 2ND
RESPONDENT
ExhibitP3 THE TRUE COPY OF THE APPLICATION DATED
12.04.2023 SUBMITTED TO THE 2ND
RESPONDENT
Exhibit P4 THE SITE PLAN OF THE COMPOUND WALL
UPLOADED IN THE WEBSITE OF THE 1ST
RESPONDENT DATED NIL
