Kerala High Court
Bhanumathi Menon vs State Of Kerala on 7 July, 2025
W.P.(C) No.8415 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 8415 OF 2025
PETITIONER:
BHANUMATHI MENON
AGED 77 YEARS
W/O LATE NARAYANA MENON, THRIKKARTHIKA,
KALLOOR P.O., VADAKKEKAD, THRISSUR, PIN - 679562.
BY ADV SRI.C.Y.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
TRIVANDRUM, PIN - 695001.
2 DISTRICT COLLECTOR
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003.
3 TAHSILDAR
CHAVAKKAD TALUK OFFICE, VANJIKADAVU ROAD,
CHAVAKKAD, THRISSUR, PIN - 680506.
4 VILLAGE OFFICER
VADAKKEKKAD VILLAGE OFFICE, VYLATHUR,
THRISSUR, PIN - 679563.
5 STATION HOUSE OFFICER
VADAKKEKKAD POLICE STATION, ANDATHODE P.O.,
THRISSUR, PIN - 679564.
W.P.(C) No.8415 of 2025
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6 VADAKKEKKAD PANCHAYATH
PANCHAYATH OFFICE,
GURUVAYOOR-ALTHARA-PONNANI ROAD, VYLATHUR,
THRISSUR,
REPRESENTED BY ITS SECRETARY, PIN - 679562.
BY ADVS.
SRI.R.RENJITH
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.8415 of 2025
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JUDGMENT
The petitioner approached this Court alleging violation of
constitutional right under Article 300A of the Constitution,
on the premise that her property is sought to be acquired by
the respondents without any notice, whatsoever, to her. It
is the petitioner's case that she has 8.5 cents of land,
together with the residential building therein, the same
having been inherited by her upon the death of her husband,
who obtained the property by virtue of Ext.P8 sale deed.
Learned counsel would point out that the petitioner is a
lady, aged 77 years, residing alone in the said premises. In
order to form a new road, the petitioner's property is
sought to be taken over, without adhering to any of the
procedures for acquisition, is the main grievance espoused
in this Writ Petition.
2. Exts.P1 and P2 are the land tax receipt and ownership
certificate in favour of the petitioner. As against the
proposed acquisition, several complaints were preferred by
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the petitioner. Ext.P3 is preferred before the Taluk Officer
and Ext.P4, before the Collector. Ext.P9 is a representation
preferred before the Panchayat. However, the said complaints
did not fetch any result. On such premise, the petitioner
seeks a declaration that respondents 1 to 6 have no right to
acquire and possess the property of the petitioner, except
in accordance with the procedure established by law and
giving compensation to the petitioner, as per law.
Petitioner also seeks issuance of a consequential Writ
prohibiting the respondents from interfering with her
peaceful possession.
3. Learned Standing Counsel for the 6 th respondent
Panchayat would submit that there is no proposal for any
acquisition or taking over. As a matter of fact, a road has
already been formed alongside the petitioner's property, of
which, almost 15 families on both sides of it are
beneficiaries. There was a request from them to concrete the
said road. The said road, according to the learned Standing
Counsel, would lead ultimately to a temple. The request from
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the beneficiaries of the road was considered and a decision
was taken in the Panchayat Committee. The same was agreed by
the 'Grama Sabha' as well. Tender was called for and it was
confirmed. It is at this stage, the instant mischievous Writ
Petition was filed, is the submission made by the learned
Standing Counsel for the 6th respondent.
4. Learned Senior Government Pleader, who appears for other
respondents, would submit that there is no acquisition,
whatsoever, in vogue.
5. Having heard the learned counsel appearing for the
respective parties, this Court notice that the petitioner's
grievance is not something to be agitated before this Court
in exercise of its jurisdiction under Article 226 of the
Constitution. There is clear dispute with respect to the
facts. According to the petitioner, an acquisition is on the
anvil for the formation of a road; whereas, according to the
6th respondent Panchayat, a road has already been formed much
earlier and all what is required is to concrete the same
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now. In support of that, learned Standing Counsel for the
Panchayat rely on Ext.R6(b) Asset Register, wherein the name
of the road finds a place as Kandampully Ambalam Road. These
disputed questions of fact cannot be agitated in exercise of
the powers under Article 226 of the Constitution; nor would
the declaration and the consequential direction sought for,
be granted in the above referred disputed state of affairs.
A perusal of Ext.R6(a) photograph would indicate that a road
has already been formed and a culvert has also been
constructed.
6. In the above referred state of affairs, this Court
refuse to grant any relief to the petitioner, however,
without prejudice to the petitioner's right to take course
to such other remedy/relief as contemplated by law.
This Writ Petition will stand dismissed, subject to the
above observation.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) 8415/2025
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE TAX RECEIPT DATED 28/04/21 ISSUED
FROM THE VADAKKEKKAD VILLAGE OFFICE.
EXHIBIT P2 COPY OF THE OWNERSHIP CERTIFICATE DATED
12/10/2017 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P3 COPY OF THE ACKNOWLEDGMENT CARD DATED
29/10/24 EVIDENCING THE RECEIPT OF
REPRESENTATION BY THE CHAVAKKAD TALUK OFFICE.
EXHIBIT P4 COPY OF THE RECEIPT DATED 10/02/2025 ISSUED
FROM THE OFFICE OF THE DISTRICT COLLECTOR,
THRISSUR.
EXHIBIT P5 COPY OF THE NOTICE DATED 08/01/25 ISSUED BY
THE 6TH RESPONDENT GRAMA PANCHAYATH.
EXHIBIT P6 COPY OF THE COMMUNICATION DATED 27/11/24
ISSUED FROM OF THE OFFICE OF THE REVENUE
MINISTER.
EXHIBIT P7 COPY OF THE SALE DEED DATED 18/08/1999.
EXHIBIT P8 COPY OF THE POSSESSION CERTIFICATE DATED
03/03/10 ISSUED FROM VILLAGE OFFICE
VADAKKEKAD.
EXHIBIT P9 COPY OF THE REPRESENTATION DATED 26/10/24
SUBMITTED BY THE PETITIONER BEFORE THE
6TH RESPONDENT.
EXHIBIT P10 COPY OF THE ACKNOWLEDGMENT RECEIPT DATED
26/10/24 ISSUED FROM THE OFFICE OF THE 6TH
RESPONDENT.
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RESPONDENTS' EXHIBITS:
EXHIBIT R6(A) PHOTOGRAPHS EVIDENCING LIE OF THE ROAD AND
THE RESIDENTIAL BUILDING OF THE PETITIONER
WHICH IS SITUATED ON THE NORTHERN SIDE OF THE
ROAD.
EXHIBIT R6(B) TRUE PHOTOSTAT COPY OF THE RELEVANT PAGE OF
THE ASSET REGISTER MAINTAINED BY THE
PANCHAYATH.
