Citation : 2025 Latest Caselaw 945 Ker
Judgement Date : 14 July, 2025
2025:KER:51849
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 39434 OF 2022
PETITIONERS:
1 G.RAGHUNATHAN
AGED 70 YEARS
S/O. GOPALAN, SANKETHAN, THAZHAMEL,
ANCHAL P.O., KOLLAM DISTRICT, PIN - 691 306.
2 S. SHAJAHAN,
VATTAMAN PUTHEN VEEDU, ANCHAL P.O.,
KOLLAM DISTRICT, PIN-691 306.
3 A.K. NOUSHAD,
P.K. HOUSE, ANCHAL P.O.,
KOLLAM DISTRICT, PIN 691 306. -
4 S. SHEEJA,SHAILAMANZIL,
ANCHAL P.O.,
KOLLAM DISTRICT, PIN - 691 306.
5 CHANDRAN PILLAI,
DIVYA BHAVAN, THAZHAMEL,
ANCHAL P.O., KOLLAM DISTRICT, PIN - 691 306.
6 SHAMNAD. S.,
JASEENA MANZIL, ANCHAL P.O.,
KOLLAM DISTRICT, PIN - 691 306.
7 NADARSHA. A.,
PLAVILA VEEDU, ANCHAL P.O.,
KOLLAM DISTRICT, PIN - 691 306.
8 SHYLA IBRAHIM,
SHYLA MANZIL, ANCHAL P.O.,
KOLLAM DISTRICT, PIN - 691 306.
9 NOUSHAD. A.,
SHYLA MANZIL, THAZHAMEL,
ANCHAL P.O., KOLLAM DISTRICT, PIN-691 306.
BY ADV SHRI.M.S.RADHAKRISHNAN NAIR
WP(C) NO. 39434 OF 2022 2
2025:KER:51849
RESPONDENTS:
1 THE SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, KOLLAM-691 001.
3 THE TAHSILDAR, (SURVEY),
OFFICE OF THE TAHSILDAR, TALUK OFFICE,
PUNALUR - 691 305.
4 ANCHAL GRAMA PANCHAYAT,
REPRESENTED BY THE SECRETARY,
ANCHAL P.O., KOLLAM-691 306.
5 N. SURENDRAN,
KALABHAVAN, NEDIYARA PO.O.,
ANCHAL, KOLLAM-691 306.
6 HEMACHANDRAN,
S.N. VILASOM, THAZHAMEL,
ANCHAL P.O., KOLLAM-691 306.
7 CHANDRALEKHA,
KRISHNA PRIYA, THAZHAMEL,
ANCHAL P.O., KOLLAM-691 306.
8 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE |DIVISIONAL OFFICER, PUNALUR,
KOLLAM-691 305. ADDL. 48 IS IMPLEADED AS PER ORDER
DATED 20/10/2023 IN IA 2/23 IN WP(C) 39434/2022.
BY ADVS.
SHRI.A.SANIL KUMAR
SRI.K.SURESH BABU (PUNALUR)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39434 OF 2022 3
2025:KER:51849
Dated this the 14th day of July, 2025
JUDGMENT
The writ petition is filed, inter alia, to direct the
second respondent to consider and dispose of Ext. P2
representation, expeditiously.
2. The petitioners are the residents of Ward Nos.
12 and 14 in the fourth respondent Panchayat. There is a
road having a length of 1 km and a width of 6 meters
passing through the wards 12 and 14 for vehicular
passage to the residences of the petitioners. The
respondents 5 to 7 have encroached onto the said road.
In the said circumstances, the petitioners have submitted
Exts. P1 and P2 representations before the respondents
1 and 2 on 23.07.2022. But, the same have not been
considered till date. Hence, the writ petition.
3. Heard; the learned counsel appearing for the
petitioners, the learned Government Pleader, the learned
Standing Counsel for the fourth respondent and the
2025:KER:51849
learned counsel for the respondents 5 to 7.
4. On a consideration of the facts and the
materials on record, especially that Ext. P2
representation is pending consideration before the
second respondent since 23.07.202, without expressing
anything on the merits of the matter, I dispose of the
writ petition by directing the second respondent to
consider and dispose of Ext. P2 representation, in
accordance with the law, and 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 petitioners and the respondents 4 to 7 an opportunity
of being heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/14.07.25
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APPENDIX OF WP(C) 39434/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT DATED 23.7.2022 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT DATED 23.7.2022 EXHIBIT P3 TRUE COPY OF THE REPLY GIVEN BY UNDER SECRETARY AND PUBLIC INFORMATION OFFICER TO ONE DR. BAIJU.S. E3/489/2022-REV DATED 29.10.2022 EXHIBIT P4 TRUE COPY OF THE REPLY GIVEN BY UNDER SECRETARY AND PUBLIC INFORMATION OFFICER TO ONE DR. BAIJU.S. E3/489/2022-REV DATED 29.10.2022 REV EXHIBIT P5 TRUE COPY OF THE REPLY GIVEN BY THE STATE PUBLIC INFORMATION OFFICER AND DEPUTY TAHSILDAR (PLANTATION AND SURVEY) TO S. BABU. DATED 30.8.2022 EXHIBIT P6 TRUE COPY OF THE REQUEST MADE BY FOURTH RESPONDENT TO THIRD RESPONDENT NO. S.1/3394/22. DATED 22.10.2022 RESPONDENT EXHIBITS EXHIBIT-R5(A) A TRUE COPY OF O.S. NO.220/2022 ON THE FILE OF THE MUNSIFF'S COURT, PUNALUR EXHIBIT-R5(B) A TRUE COPY OF THE INTERIM ORDER DATED 25.07.2022 IN I.A. NO.1/2022 IN O.S. NO.220/2022 ON THE FILE OF THE MUNSIFF'S COURT, PUNALUR EXHIBIT-R5(C) A TRUE COPY OF THE COMMISSION REPORT FILED IN O.S.NO.220/2022 ON THE FILE OF THE MUNSIFF COURT, PUNALUR EXHIBIT-R5(D) A TRUE COPY OF THE SAID DELAY CONDONATION PETITION BEARING I.A. NO.01/2022 IN C.M.A. NO.14/2022 ON THE FILE OF THE SUB COURT, PUNALUR EXHIBIT-R5(E) A TRUE COPY OF THE LAWYER'S NOTICE DATED 17.11.2022
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PETITIONER EXHIBITS
EXHIBIT P7 TRUE COPY OF THE REPLY P1-7449/22 DATED 05- 01-23 EXHIBIT P8 TRUE COPY OF REPLY NO. KLM/0206/S/23854P1 DATED 09-05-23 EXHIBIT P9 TRUE COPY OF THE REPLY NO. DCKLM/8949/2022- SY-6 GIVEN TO S. BABU DATED 22-06-2023 EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 1.8.2023 EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 21.8.2023 EXHIBIT P12 TRUE COPY OF JUDGMENT DATED 31.7.2024 IN CMA NO. 14/2022 OF THE COURT OF CIVIL JUDGE (SENIOR DIVISION), PUNALUR
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