Sarada Balakrishnan vs State Of Kerala
2025 Latest Caselaw 748 Ker

Kerala High Court

Sarada Balakrishnan vs State Of Kerala on 8 July, 2025

Author: C.S.Dias

Bench: C.S.Dias

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
        TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
                       WP(C) NO. 37351 OF 2024

PETITIONER:

            SARADA BALAKRISHNAN,
            AGED 74 YEARS
            W/O. LATE. DR. BALAKRISHNA PILLAI,
            RESIDING AT MAVUNKAL HOUSE, BADE,
            MANNUTHI. P O,
            THRISSUR DISTRICT, PIN - 680651

            BY ADVS.
            SHRI.K.N.ABHILASH
            SHRI.SUNIL NAIR PALAKKAT
            SHRI.RISHI VARMA T.R.
            SHRI.RITHIK S.ANAND
            SMT.SREELAKSHMI MENON P.
            SMT.K.M.TINTU
            SMT.ANU PAUL




RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY THE SECRETARY,
            AGRICULTURAL DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    2       THE DISTRICT COLLECTOR, THRISSUR,
            OFFICE OF THE DISTRICT COLLECTOR,
            CIVIL STATION, AYYANTHOLE,
            THRISSUR, PIN - 680003

    3       THE REVENUE DIVISIONAL OFFICER,
            OFFICE OF THE REVENUE DIVISIONAL OFFICER,
            AYYANTHOLE, THRISSUR, PIN - 680003

    4       THE LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, PANANCHARRY P.O,
            PATTIKKAD, THRISSUR, PIN - 680652
 WP(C) NO. 37351 OF 2024       2


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    5    VILLAGE OFFICER,
         PANANCHERRY VILLAGE OFFICE,
         PATTIKKAD BUSTAND ROAD, PATTIKKAD,
         THRISSUR, PIN - 680652

    6    TAHSILDAR,
         TALUK OFFICE, TOWN HALL,
         W PALACE RD, OPP. THRISSUR,
         CHEMBUKKAV, THRISSUR,
         KERALA, PIN - 680020

    7    GEORGE JACOB,
         S/O JACOB, KATTOOKKARAN HOUSE,
         PLOT NO.211, NEHRU NAGAR,
         KURIACHIRA P.O.THRISSUR, PIN - 680006

    8    KOCHUPAUL DAVIS,
         S/O DAVIS KAVALAKKATTU HOUSE,
         VADAMA P.O, MALA
         THRISSUR DISTRICT, PIN - 680732

    9    LESLY WILSON,
         W/O WILSON, 14-C, AMITY SKY CITY,
         UNITY ROAD, KURIACHIRA P.O
         THRISSUR DISTRICT, PIN - 680006

    0    WILSON,
         S/O OUSEPH, 14-C, AMITY SKY CITY,
         UNITY ROAD, KURIACHIRA P.O
         THRISSUR DISTRICT, PIN - 680006

   11    ROY J.V.,
         S/O JOHNSON, VELLANIKKARAN HOUSE,
         3RD GATE END, HILL GARDENS KUTTANELLOR P.O, THRISSUR,
         PIN - 680014

   12    ANNETT,
         W/O.GEORGE JACOB KATTOOKKARAN HOUSE,
         PLOT NO.211, NEHRU NAGAR KURIACHIRA P.O., THRISSUR, PIN
         - 680006

   13    PAUL,
         S/O.OUSEPH, PAREKKATTIL HOUSE,
         UNIVERSITY NAGAR, MANNUTHY P.O,
         THRISSUR, PIN - 680651

         BY ADV SHRI.PRAVEEN K. JOY
 WP(C) NO. 37351 OF 2024         3


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OTHER PRESENT:

          SENIOR GOVERNMENT PLEADER-SMT.VIDYA KURIAKOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37351 OF 2024           4


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            Dated this the 8th day of July, 2025

                            JUDGMENT

The writ petition is filed, inter alia, to direct the

third respondent to consider Ext. P9 complaint,

expeditiously.

2. The petitioner is the co-owner of a property

having an extent of 43 cents in Survey No. 74/66/3 of

Panacherry Village, Thrissur District. The respondents 7

to 13 are the adjacent property owners. The party

respondents have constructed a granite wall having a

height of 3 feet in their property, which is causing

obstruction to the free flow of the water. Even though

the petitioner had submitted Exts. P9 and P10

complaints before the respondents 2 and 3 on

10.10.2023 and 20.09.2024, respectively, the same have

not been considered. Hence, the writ petition.

2. Heard; the learned counsel for the petitioner,

the learned Government Pleader and the learned

counsel appearing for the respondents 7 to 9 and 11 to

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13.

3. On a consideration of the facts and materials on

record, especially that Ext.P9 complaint is pending

consideration before the third respondent since

10.10.2023, without expressing anything on the merits

of the complaint, I dispose of the writ petition by

directing the third respondent to consider and dispose of

Ext. P9 complaint, in accordance with the law and on its

merits, as expeditiously as possible, at any rate, within

sixty days from the date of the production of a copy of

this judgment, after affording the petitioner and the

representatives of the respondents 7 to 9 and 11 to 13 an

opportunity of being heard.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE mtk/08.07.25

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APPENDIX OF WP(C) 37351/2024

PETITIONER EXHIBITS

EXHIBIT -P1 TRUE PHOTOGRAPH SHOWING THE CONSTRUCTION OF GRANITE WALL THROUGH THE BOUNDARY OF THE PARTY RESPONDENTS PADDY EXHIBIT P2 TRUE PHOTOGRAPH FROM ANOTHER ANGLE SHOWING THE CONSTRUCTION OF GRANITE WALL THROUGH THE BOUNDARY OF THE PARTY RESPONDENTS PADDY FIELD EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 6TH RESPONDENT DATED 04.07.2023 EXHIBIT P4 TRUE COPY OF THE REPORT DATED 22.07.2023 SUBMITTED BY 5TH RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPORT DATED 24.08.2023 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15.03.2023 IN WPC NO. 5965/2023 OF THIS HON'BLE COURT EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 21.06.2023 IN WPC NO. 5965/2023 OF THIS HON'BLE COURT EXHIBIT P8 TRUE PHOTOGRAPH SHOWING THE STOCKING OF GRANITE STONES IN THE RECLAIMED PROPERTY EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 10.10.2023 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 20.09.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT RECEIPT ISSUED BY THE 2ND RESPONDENT EXHIBIT P11 TRUE PHOTOGRAPH OF THE COMPOUND WALL WITH GATE EXHIBIT P12 TRUE PHOTOGRAPH OF THE GATE EXHIBIT P13 TRUE COPY OF THE INFORMATION ISSUED BY THE AGRICULTURAL OFFICER, VADAKKEKAD DATED 26.10.2023