Kerala High Court
Poulose Jacob vs State Of Kerala on 3 January, 2025
WP(C) No.19/2025 1/3 Order Date : 03-01-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 3rd day of January 2025 / 13th pousha, 1946
WP(C) NO. 19 OF 2025
PETITIONER:
POULOSE JACOB,AGED 43 YEARS,S/O.LATE JACOB M.O.,RESIDING AT
MOONJELIL HOUSE,MANAKODAM KARA,CHENDAMANGALAM VILLAGE,CHENDAMANGALAM
P.O.,PARAVUR TALUK,ERNAKULAM, PIN - 683512
RESPONDENTS:
1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO
GOVERNMENT,DEPARTMENT OF REVENUE,SECRETARIAT,THIRUVANANTHAPURAM, PIN
- 695001
2. THE LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE,PUBLIC
OFFICE BUILDING,MUSEUM ROAD,OPPOSITE ZOO,VIKAS BHAVAN
P.O,THIRUVANANTHAPURAM, PIN - 695033
3. THE DISTRICT COLLECTOR, COLLECTORATE,KAKKANAD P.O,ERNAKULAM, PIN -
682030
4. DISTRICT SUPERINTENDENT OF SURVEY AND LAND RECORDS,
COLLECTORATE,KAKKANAD P.O,ERNAKULAM, PIN-682030
5. THE TAHASILDAR (LAND RECORDS),NORTH PARAVUR,TALUK OFFICE,NORTH
PARAVUR,PARAVUR P.O,ERNAKULAM, PIN - 683513
6. ADDL.AHASILDAR (LAND RECORDS),NORTH PARAVUR,TALUK OFFICE,PARAVUR
P.O.,ERNAKULAM, PIN - 683513
7. TALUK SURVEYOR,NORTH PARAVUR,TALUK OFFICE,PARAVUR P.O.,ERNAKULAM,
PIN - 683513
8. VILLAGE OFFICER,VILLAGE OFFICE CHENDAMANGALAM,PALIYAM
RD,CHENDAMANGALAM P.O.,ERNAKULAM, PIN - 683512
9. CHENDAMANGALAM GRAMA PANCHAYAT,GRAMA PANCHAYAT OFFICE,CHENDAMANGALAM
P.O.,ERNAKULAM,REPRESENTED BY ITS SECRETARY, PIN - 683512
10. THE SECRETARY,CHENDAMANGALAM GRAMA PANCHAYAT,GRAMA PANCHAYAT
OFFICE,CHENDAMANGALAM P.O.,ERNAKULAM, PIN - 683512
11. ANILKUMAR,S/O.SASI,ULIKKARA HOUSE,MANAKODAM KARA,CHENDAMANGALAM
VILLAGE,CHENDAMANGALAM P.O.,PARAVUR TALUK,ERNAKULAM, PIN - 683512
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further coercive proceedings pursuant to Exhibit P22
and Exhibit P24.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.NIRMAL V NAIR Advocate for the petitioner,the court passed the
following:
WP(C) No.19/2025 2/3 Order Date : 03-01-2025
C. JAYACHANDRAN, J.
------------------------------------
W.P.(C.) No.19 of 2025
------------------------------------
Dated, this the 03rd day of January, 2025
ORDER
Learned Government Pleader takes notice for respondents 1 to
8. Learned Standing Counsel takes notice for the 9 th
respondent Panchayat and the 10 th respondent Secretary. Issue
notice by speed post to the 11 th respondent. Without
addressing the merits of the matter and only for the purpose
of preserving the subject matter of the lis, the actual
demolition of the fencing threatened in Ext.P24 shall be kept
in abeyance for a period of ten days. Post before the regular
court on 14.01.2025 for consideration on merits.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/03-01
WP(C) No.19/2025 3/3 Order Date : 03-01-2025
APPENDIX OF WP(C) 19/2025
Exhibit P1 A TRUE COPY OF THE PURCHASE CERTIFICATE NO. 276 DATED
7.3.1970 ISSUED BY THE 5TH RESPONDENT
Exhibit P2 A TRUE COPY OF THE REGISTERED SALE DEED NO.1674/91 DATED
18.11.1991 OF CHENDAMANGALAM SRO
Exhibit P3 A TRUE COPY OF THE TAX RECEIPTS DATED 26-11-2009 ISSUED BY
THE VILLAGE OFFICE, CHENDAMANGALAM
Exhibit P4 A TRUE COPY OF THE BASIC TAX RECEIPTS DATED 30-8-2010ISSUED
BY THE VILLAGE OFFICER, CHENDAMANGALAM IN CONNECTION WITH
THE PROPERTY COVERED BY EXHIBIT P2 SALE DEED
Exhibit P5 A TRUE COPY OF THE REGISTERED SETTLEMENT DEED NO.1482/2010
DATED 2.9.2010 OF THE CHENDAMANGALAM SRO
Exhibit P6 A TRUE COPY OF THE TAX RECEIPT NO. 5552655 DATED 2.2.2017
ISSUED BY THE 8TH RESPONDENT
Exhibit P7 A TRUE COPY OF THE TAX RECEIPT DATED 10.7.2020 ISSUED BY
THE 8TH RESPONDENT
Exhibit P8 A TRUE COPY OF THE OBJECTION DATED 23.7.2012 FILED BY THE
PETITIONER'S MOTHER BEFORE THE RESURVEY AUTHORITY
Exhibit P9 A TRUE COPY OF THE NOTICE DATED 17.8.2020 ISSUED TO THE
PETITIONER'S MOTHER
Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 25-8-2020 SUBMITTED
BY THE PETITIONER AND MOTHER
Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 14.9.2020 SUBMITTED
BY THE PETITIONER
Exhibit P12 A TRUE COPY OF THE REPORT DATED 8.10.2020 SUBMITTED BY THE
8TH RESPONDENT BEFORE THE 6TH RESPONDENT
Exhibit P13 A TRUE COPY OF THE REPRESENTATION DATED 12.10.2020
SUBMITTED BY THE PETITIONER AND HIS MOTHER
Exhibit P14 A TRUE COPY OF THE STATEMENT DATED 24-5-2021 SUBMITTED BY
THE 5TH RESPONDENT IN W.P.(C). NO. 23495/2020
Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 11-3-2022 IN W.P.(C). NO.
23495/2020 ON THE FILES OF THIS HONOURABLE COURT
Exhibit P16 A TRUE COPY OF THE ORDER NO. G3-7673/2020 DATED 10-11-2022
ISSUED BY THE 5TH RESPONDENT
Exhibit P17 A TRUE COPY OF THE APPLICATION DATED 13-7-2023 SUBMITTED BY
THE PETITIONER BEFORE THE 5TH RESPONDENT
Exhibit P18 A TRUE COPY OF THE LETTER NO. 404/23 DATED 15-7-2023
ADDRESSED BY THE 8TH RESPONDENT TO THE 5TH RESPONDENT
Exhibit P19 A TRUE COPY OF THE JUDGMENT DATED 14-12-2023 IN W.P.(C).
NO. 41010 OF 2023 ON THE FILES OF THIS HONOURABLE COURT
Exhibit P20 A TRUE COPY OF THE NOTICE NO. G3-8165/2023 DATED 2-12-2024
ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER
Exhibit P21 A TRUE COPY OF THE ENDORSEMENTS FOR RECEIPT OF EXHIBIT P20
MADE BY REPRESENTATIVES OF RESPONDENTS 9 AND 10, THE
PETITIONER AND THE NEIGHBOURS OF THE PETITIONER
Exhibit P22 A TRUE COPY OF THE NOTICE NO. A1-7582/2024 DATED 21-12-2024
ISSUED BY THE 10TH RESPONDENT
Exhibit P23 A TRUE COPY OF THE REPLY DATED 26-12-2024 SUBMITTED BY THE
PETITIONER TO EXHIBIT P22
Exhibit P24 A TRUE COPY OF THE ORDER NO.
400582/AMWR02/GENERAL/2024/7582/(1) DATED 30-12-2024 ISSUED
BY THE 10TH RESPONDENT
