Kerala High Court
Rosily Thomas vs The District Collector Ernakulam on 29 July, 2025
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
WP(C) NO. 3298 OF 2020
PETITIONER/S:
1 ROSILY THOMAS
AGED 57 YEARS
W/O LATE THOMAS, R/AT NADUKUDI MALAYATTOOR,
ADIVARAM, MALAYATTOOR P.O.ALUVA , ERNAKULAM
DISTRICT, PIN-683 587.
2 DEVASSIKKUTTY,
AGED 69 YEARS
S/O LATE PAPPU, R/AT SANKOORICKAL,MALAYATTOOR
ADIVARAM, MALAYATTOOR P.O.ALUVA,ERNAKULAM
DISTRICT,PIN-683 587.
3 JOSEPH
AGED 67 YEARS
S/O LATE FRANCIS, R/AT MUKKATH, MALAYATTOOR
ADIVARAM, MALAYATTOOR P.O.ALUVA,ERNAKULAM
DISTRICT,PIN-683 587.
BY ADVS.
SHRI.GEORGE SEBASTIAN
SRI.DHANESH MATHEW MANJOORAN
RESPONDENT/S:
1 DISTRICT COLLECTOR ERNAKULAM,
CIVIL STATION, KAKKANADU P.O.PIN-682 030.
2 TAHAZILDAR,
ALUVA THALUK, THALUK OFFICE, ALUVA P.O.PIN-683
101.
3 VILLAGE OFFICER,
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
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MALAYATTOOR VILLAGE OFFICE,MALAYATTOOR P.O. PIN-
683 587.
4 CHIEF ENGINEER,
IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM
P.O.PIN-695 001.
5 SUPERINTENDENTING ENGINEER,
IRRIGATION DEPARTMENT, PROJECT CIRCLE, PIRAVAM
P.O.PIN-695 001.
6 EXECUTIVE ENGINEER,
EDAMALAYAR IRRIGATION PROJECT, DIVISION NO-2,
CHALAKKUDY P.O., PIN-680 307
7 THE ASSISTANT EXECUTIVE ENGINEER,
EDAMALAYAR IRRIGATION PROJECT, SUB DIVISION NO-
111, MALAYATTOOR P.O.ALUVA, ERNAKULAM DIST PIN-
683 587.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29.07.2025, ALONG WITH WP(C).38900/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
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2025:KER:56483
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
WP(C) NO. 38900 OF 2024
PETITIONERS:
1 ROSILY THOMAS,
AGED 63 YEARS
W/O. LATE THOMAS, RESIDING AT
NADUKUDIMALAYATTOOR, ADIVARAM, MALAYATTOOR P.O.,
ALUVA, ERNAKULAM ., PIN - 683587
2 DEVASSIKKUTTY,
AGED 74 YEARS
S/O. LATE PAPPU, RESIDING AT
SANKOORICKAL,MALAYATTOORADIVARAM, MALAYATTOOR
P.O., ALUVA, ERNAKULAM ., PIN - 683587
BY ADVS.
SHRI.GEORGE SEBASTIAN
SRI.DHANESH MATHEW MANJOORAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR ERNAKULAM,
CIVIL STATION, KAKKANADU P.O., ERNAKULAM ., PIN -
682030
2 THE TAHSILDAR(LAND RECORDS),
ALUVATALUK, TALUK OFFICE, ALUVA P.O.,
ERNAKULAM ., PIN - 683101
3 THE VILLAGE OFFICER,
MALAYATTOOR VILLAGE OFFICE, MALAYATTOOR P.O.,
ERNAKULAM., PIN - 686587
4 THE CHIEF ENGINEER,
IRRIGATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
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5 THE SUPERINTENDENTING ENGINEER,
IRRIGATION DEPARTMENT, PROJECT CIRCLE, PIRAVOM
P.O., ERNAKULAM ., PIN - 686664
6 THE EXECUTIVE ENGINEER,
EDAMALAYAR IRRIGATION PROJECT, DIVISION NO.- 2,
CHALAKKUDY P.O.,, PIN - 680307
7 THE ASSISTANT EXECUTIVE ENGINEER,
EDAMALAYAR IRRIGATION PROJECT, SUB DIVISION NO. -
III, MALAYATTOOR P.O., ALUVA, ERNAKULAM
DISTRICT., PIN - 683587
8 THE ASSISTANT EXECUTIVE ENGINEER,
PWD ROADS SUB DIVISION, ALUVA.P.O. ERNAKULAM
DISTRICT., PIN - 683101
9 THE ASSISTANT EXECUTIVE ENGINEER,
PWD ROADS, OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER, CAMP SHED ROAD, ANGAMALI, ERNAKULAM.,
PIN - 683572
0 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, FIRST FLOOR, KB JACOB RD, FORT KOCHI,
KOCHI ., PIN - 682001
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29.07.2025, ALONG WITH WP(C).3298/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
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VIJU ABRAHAM, J.
--------------------
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
--------------------------------------------
Dated this the 29th day of July, 2025
JUDGMENT
WP(C) No.3298 of 2020 is filed aggrieved by
the issuance of Exts.P6,Ext.P7 and P8 orders issued
by the 7th respondent, directing the petitioner to
vacate the encroachment made to the 'Manappattu
Chira'. When the matter came up for consideration
on 06.02.2020, this Court has passed an order to
maintain status-quo, which is still in force.
2. WP(C) No.38900 of 2024 is filed challenging
Exts.P14 and P15 notices issued by the Assistant
Executive Engineer, PWD Roads Sub Division, Aluva,
contending that these orders are per se illegal
having been issued in violation of the status quo
order issued by this Court in WP(C) No.3298 of
2020.
3. The learned Government Pleader, upon
instructions submitted that against these orders
impugned herein, there is a statutory appeal
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
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provided and further that Exts.P14 and P15 in WP(C)
No.38900 of 2024 are issued by the Assistant
Executive Engineer, PWD with regard to the
encroachment upon the road puramboke. Therefore,
these two proceedings are totally independent and
that the contention of the petitioners that
Exts.P14 and P15 orders in WP(C) No.38900 of 2024
is in violation of the status quo order issued in
WP(C) No.3298 of 2020 is without any basis.
4. Taking into consideration the above facts and
circumstances, I am inclined to dispose of these
writ petitions as follows:
The petitioners may approach the appellate
authority against the orders impugned in these writ
petitions within a period of one month, from the
date of receipt of a copy of the judgment. If such
appeal is filed within the period granted, the same
shall be treated as filed within time and the
appellate authority shall consider the same and
dispose of the matter with notice to the
petitioners, within an outer limit of 3 months.
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
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Till a decision is taken as directed above, the
interim order granted in these writ petitions will
continue. If no appeal is filed within the time
granted in this judgment, the authorities will be
free to proceed with further steps pursuant to the
orders impugned.
sd/-
VIJU ABRAHAM,JUDGE
pm
W.P.(C).Nos.3298 of 2020 & 38900 of 2024
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APPENDIX OF WP(C) 38900/2024
PETITIONERS EXHIBITS
Exhibit P1 A TRUE COPY OF THE PLAINT DATED
29.03.1997 IN OS 266/1997 OF THE MUNSIFF
COURT ALUVA
Exhibit P2 A TRUE COPY JUDGMENT DATED 23.03.1998
AND OS 266/1997 PASSED BY THE MUNISFF
COURT, ALUVA
Exhibit P3 A TRUE COPY OF THE DECREE IN OS 41/1997
Exhibit P4 A TRUE COPY OF THE JUDGMENT IN IN WP(C)
11696/2016 DATED 09.08.2019
Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONERS ON 28.10.2019
Exhibit P6 TRUE COPY OF THE ORDER DATED 18.01.2020
ISSUED TO PETITIONERS 1 AND 2 BY THE 7TH
RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER DATED 18.01.2020
ISSUED TO PETITIONERS 1 AND 2 BY THE 7TH
RESPONDENT
Exhibit P8 TRUE COPY OF THE EXTRACT WHICH THE
PETITIONERS RECEIVED FROM THE 3RD
RESPONDENT
Exhibit P9 A TRUE COPY OF THE QUERIES AND ANSWERS
UNDER THE PROVISIONS OF RI ACT DATED
22.06.2018 AND 3.07.2018
Exhibit P10 A TRUE COPY OF THE ORDER DATED
14.06.2022 IN WP(C) 3298/2020
Exhibit P11 A TRUE COPY OF THE NOTICE DATED
02.02.2024 ISSUED BY THE 8TH RESPONDENT
TO THE 1ST PETITIONER
Exhibit P12 A TRUE COPY OF THE REPLY DATED
07.02.2024 GIVEN BY THE 1ST PETITIONER
TO THE 8TH RESPONDENT
Exhibit P13 A TRUE COPY OF THE REPLY DATED
07.02.2024 GIVEN BY THE 2ND PETITIONER
TO THE 8TH RESPONDENT
Exhibit P14 A TRUE COPY OF THE NOTICE DATED
29.10.2024 ISSUED BY THE 8TH RESPONDENT
TO THE 1ST PETITIONER
Exhibit P15 A TRUE COPY OF THE NOTICE DATED
29.10.2024 ISSUED BY THE 8TH RESPONDENT
TO THE 2NDPETITIONER
Exhibit P16 A TRUE COPY OF THE OBJECTION DATED
01.11.2024 SUBMITTED BY THE 1ST
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PETITIONER BEFORE THE 8TH RESPONDENT
Exhibit P17 A TRUE COPY OF THE OBJECTION DATED
01.11.2024 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 8TH RESPONDENT
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APPENDIX OF WP(C) 3298/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS 266/1997 F
ALUVA MUNSIFF COURT DATED 29.3.1997
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN OS NO
266/1997 DATED 23.3.1998
EXHIBIT P3 TRUE COPY OF THE DECREE IN OS 41/1997
DATED 12.6.2001
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO
11696/2016 OF HON'BLE HIGH COURT DATED
9.8.2019
EXHIBIT P5 TRUE COPY OF THE REPLY FILED BY THE
PETITIONERS BEFORE THE 7TH RESPONDENT
DATED 28.10.2019
EXHIBIT P6 TRUE COPY OF THE ORDER & C FORM ISSUED
BY THE 7TH RESPONDENT TO 1ST PETITIONER
DATED 18.1.2020
EXHIBIT P7 TRUE COPY OF THE ORDER & C FORM ISSUED
BY THE 7TH RESPONDENT TO 2ND PETITIONER
DATED 18.1.2020
EXHIBIT P8 TRUE COPY OF THE ORDER & C FORM ISSUED
BY THE 7TH RESPONDENT TO 3RD PETITIONER
DATED 18.1.2020
EXHIBIT P9 TRUE COPY OF THE EXTRACT OF BTR REGISTER
OF RESURVEY 81/3 OF MALAYATTOOR VILLAGE
ALVA TALUK
EXHIBIT P10 TRUE COPY OF THE QUERIES DATED 22.6.2018
AND ANSWERS OF THE 7TH RESPONDENT DATED
3.7.2018
EXHIBIT P11 TRUE COPY OF THE PETITION FIELD BY THE
PETITIONERS BEFORE RESPONDENTS 1 TO 7
DATED 22.1.2020
EXHIBIT P12 TRUE COPY OF THE RECEIPT ISSUED BY 1ST
RESPONDENTS OFFICE DATED 25.1.2020
EXHIBIT P12 (A) TRUE COPY OF THE RECEIPT ISSUED BY 2ND
RESPONDENTS OFFICE DATED 23.1.2020
EXHIBIT P12 (B) TRUE COPY OF THE RECEIPT ISSUED BY 3RD
RESPONDENTS OFFICE DATED 23.1.2020
EXHIBIT P12 (C) TRUE COPY OF THE RECEIPT ISSUED BY 6TH
RESPONDENTS OFFICE DATED 22.1.2020
EXHIBIT P12 (D) TRUE COPY OF THE RECEIPT ISSUED BY 7TH
RESPONDENTS OFFICE DATED 23.1.2020
EXHIBIT P12 (E) TRUE COPY OF THE CURRIER RECEIPT ADDRESS
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TO THE 5TH RESPONDENTS OFFICE DATED
24.1.2020
