Kerala High Court
Puthuparampil Vasu Vijayan vs State Of Kerala on 5 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO.40018 OF 2024 1
2025:KER:39532
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
WP(C) NO. 40018 OF 2024
PETITIONERS:
1 PUTHUPARAMPIL VASU VIJAYAN,
AGED 71 YEARS
S/O.GANGADHARAN, RESIDING AT MEPPURATHU HOUSE,
KOOTTAR KARA, KARUNAPURAM VILLAGE,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT,
NOW HAVING ADDRESS AT STANDARD POWDER COATING,
POST BOX NO. 3197, AJMAN, UNITED ARAB EMIRATES,
PIN - 685552
2 PUTHUPARAMPIL SHOBA VIJAYAN,
AGED 59 YEARS
W/O.P.V.VIJAYAN, RESIDING AT MEPPURATHU HOUSE,
KOOTTAR KARA, KARUNAPURAM VILLAGE,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT,
NOW HAVING ADDRESS AT STANDARD POWDER COATING,
POST BOX NO. 3197, AJMAN, UNITED ARAB EMIRATES,
PIN - 685552
BY ADVS. SHRI. BEJOY JOSEPH P.J.
SRI.M.RAMESH CHANDER (SR.)
SHRI. GOVIND G. NAIR
SRI.BONNY BENNY
SRI.BALU TOM
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY LSGD DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 NEDUMKANGAM GRAMA PANCHAYAT,
REPRESENTED BY SECRETARY, OFFICE OF THE NEDUMKANDAM
GRAMA PANCHAYAT, KANKOONTHAL, NEDUMKANDAM P.O.,
IDUKKI, PIN - 685552
WP(C) NO.40018 OF 2024 2
2025:KER:39532
3 SCARIA @ APPACHAN,
PAYTTATHEKUZHI, NEDUMKANDAM P.O., NEDUMKANDAM,
PIN - 685552
4 MARY,
D/O.KOCHU, AGED 66 YEARS, THARAYIL HOUSE,
PIZHAKU P.O., RAMAPURAM VILLAGE PRESENTLY RESIDING
AT PATTATHEKKUZHY HOUSE, NEDUMKANDAM P.O.,
KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK,
PIN - 685553
5 THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695001
6 DISTRICT COLLECTOR,
COLLECTORATE, IDUKKI, KERALA, PIN - 685603
BY ADVS. SMT.V.H.JASMINE, SC, NEDUMKANDAM GRAMA
PANCHAYAT
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SRI.T.NAVEEN, SC
SMT.DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.40018 OF 2024 3
2025:KER:39532
JUDGMENT
Dated this the 05th day of June, 2025
The writ petition is filed to direct the respondents
1 and 2 to implement Exts.P6 and P8 orders
expeditiously.
2. The petitioners are the owners in
possession of two independent properties comprised in
one compact plot in Survey No.186/1 of Kalkoonthal
Village, Udumbanchola Taluk. The property is situated
within the jurisdiction of the 2 nd respondent Panchayat.
The respondents 3 and 4 own and posses a block of land
on the western side of the petitioners' property, and they
are running a workshop and a cardamon drying facility in
an unauthorisedly constructed building. The structure
has been illegally constructed on the common wall of the
parties. On seeing the unauthorised construction, the
petitioners submitted Ext.P1 complaint before the 2nd
respondent. Consequently, the 2nd respondent issued
2025:KER:39532
Ext.P2 show cause notice to the 3rd respondent, asking
him why action shall not be taken in the matter. The
3rd respondent submitted Ext.P3 reply. By Ext.P6 letter,
the 2nd respondent directed the 3rd respondent to
demolish the unauthorised construction. Subsequently,
the 3rd respondent again submitted Ext.P7 reply to Ext.P6
letter, but the 2nd respondent passed Ex.P8 final order,
ordering the demolition of the illegal construction. Even
though Exts.P6 and P8 orders were passed on 09.07.2024
and 27.07.2024 respectively, and the same have attained
finality, the respondents 1 and 2 have not implemented
the orders. The inaction on the part of the respondents 1
and 2 is illegal and arbitrary. Hence, the writ petition.
3. The 2nd respondent has filed a counter
affidavit, inter alia, stating that, the respondents 3 and 4
have not complied with Exts.P6 and P8 orders. The 2 nd
respondent would be enforcing the said orders after
31.12.2024, if the respondents 3 and 4 fail to adhere to
their undertaking. In Ext.P7 reply, the 3 rd respondent
2025:KER:39532
has categorically admitted that the tenancy of the
workshop would expire on 31.12.2024 and, thereafter,
the structure would be demolished. Hence, the 2 nd
respondent would enforce Exts.P6 and P8 orders after
31.12.2024.
4. The respondents 3 and 4 have filed a
counter affidavit stating that, the writ petition is not
maintainable since there are disputed questions of fact.
Furthermore, O.S.No.333/2024 filed by them against the
petitioners is pending before the Court of the Munsiff,
Kattappana. Ext.R3(a) interim order of injunction has
been passed in the suit. The respondents 3 and 4 have
not carried out any illegal construction in the property as
alleged in the writ petition. The writ petition is devoid of
any merits and may be dismissed.
5. Heard; the learned Senior Counsel for the
petitioners, the learned Government Pleader for the
respondents 1 and 6, the learned Standing Counsel for
the 2nd respondent, and the learned Counsel for the
2025:KER:39532
respondents 3 and 4.
6. It is not in dispute that Exts.P6 and P8
orders have been passed by the 2 nd respondent, directing
the 3rd respondent to demolish the unauthorised
construction. The said orders have attained finality.
7. Admittedly, the 2nd respondent is not a
party in O.S.No.333/2024 pending before the civil court
and there is no prohibitory order against the 2 nd
respondent from implementing Exts.P6 and P8 orders.
Moreover, in light of the affidavit filed by the 2 nd
respondent, it is evident that the 3rd respondent had
undertaken to demolish the unauthorised construction
after 31.12.2024.
8. In the aforesaid circumstances, especially
since Exts.P6 and P8 orders have been passed on
09.07.2024 and 27.07.2024 respectively, and the time
period sought for by the 3rd respondent has lapsed, I do
not find any justification in the 2 nd respondent not
enforcing its own orders.
2025:KER:39532
Accordingly, I allow the writ petition, by directing
the 2nd respondent to enforce Exts.P6 and P8 orders, in
accordance with law and as expeditiously as possible, at
any rate, within 30 days from the date of receipt of a
copy of this judgment.
Sd/-
C.S.DIAS
JUDGE
NAB
2025:KER:39532
APPENDIX OF WP(C) 40018/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT ISSUED BY THE
1ST PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE NOTICE BEARING
NO.400548/BAUV01/GPO/2024/3869/(1) DATED
28.05.2024 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 3RD
RESPONDENT DATED 18.06.2024 OBTAINED BY
THE PETITIONER THROUGH THE RIGHT TO
INFORMATION ACT FROM THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE ASSISTANT
ENGINEER OF THE 1ST RESPONDENT ISSUED TO
THE 2ND RESPONDENT BEARING NO. AE/LSGD/
LSDREN/ NDKM/2024 DATED 03.07.2024
OBTAINED BY THE PETITIONER THROUGH THE
RIGHT TO INFORMATION ACT
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED TO
THE 2ND RESPONDENT DATED 24.05.2024
THROUGH RIGHT TO INFORMATION ACT
EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT BEARING
NO.SC3-3869/24 DATED 09.07.2024
EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY THE 3RD
RESPONDENT TO THE 2ND RESPONDENT DATED
17.07.2024, OBTAINED BY THE PETITIONER
THROUGH RTI ACT
EXHIBIT P8 TRUE COPY OF THE ORDER
NO.4005/BAUV01/GPO/2024/3869/(3)DATED
27.07.2024
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONERS BEFORE THE 6TH
RESPONDENT, DISTRICT COLLECTOR
EXHIBIT P10 TRUE COPY OF THE COMPLAINT ISSUED BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
21.10.20204
RESPONDENT EXHIBITS
EXHIBIT-R3(a) A TRUE COPY OF THE INJUNCTION ORDER DATED
30.09.2024 IN O.S. NO. 333 OF 2024 PASSED
BY THE HON'BLE MUNSIFF COURT, KATTAPPANA.
EXHIBIT R2(a) TRUE COPY OF THE NOTICE BEARING NO.
400548/BAUV B01/GPO/20243869/(1) DATED
28.05.2024
2025:KER:39532
EXHIBIT R2(b) TRUE COPY OF THE REPORT OF THE ASSISTANT
ENGINEER BEARING NO. AE/LSGD/LID AND
EW/NDKM/2024 DATED 03.07.2024
EXHIBIT R2(c) TRUE COPY OF THE LETTER ISSUED BY THE 3RD
RESPONDENT TO THIS RESPONDENT DATED
17.07.2024
EXHIBIT R2(d) TRUE COPY OF THE NOTICE NO.
400548/BAUV01/GPO/2024/3869/(3) DATED
27.07.2024
