Kerala High Court
P.Paulose Das vs The District Collector, Kottayam on 3 November, 2025
W.P.(C) No.32394 of 2022 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 32394 OF 2022
PETITIONERS:
1 P.PAULOSE DAS,AGED 66 YEARS
S/O PAULOSE YOHANNAN, PUTHENPARAMBIL HOUSE,
S.PURAM.P.O,KURICHY, KOTTAYAM-686532.
2 KUNJUMOL DAS, AGED 54 YEARS
W/O.P.PAULOSE DAS, PUTHENPARAMBIL HOUSE,
S.PURAM.P.O, KURICHY, KOTTAYAM-686532.
BY ADV SRI.GIKKU JACOB
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KOTTAYAM
COLLECTORATE, COLLECTORATE.P.O,
KOTTAYAM-6866002.
2 THE TAHSILDAR,
TALUK OFFICE, CHANGANASSERY,
KOTTAYAM, PIN-686101.
3 THE VILLAGE OFFICER,
KURICHY VILLAGE, S.PURAM.P.O,
KOTTAYAM, PIN-686532.
4 THE EXECUTIVE ENGINEER,
NATIONAL HIGHWAY AUHORITY, BY-PASS WING,
THEVALLY, KOLLAM-691009.
5 ASSISTANT EXECUTIVE ENGINEER
NATIONAL HIGHWAY AUTHORITY, BY-PASS WING,
THEVELLY, KOLLAM-691009.
6 KURICHY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KURICHY.P.O,
KOTTAYAM-686532.
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7 THE SECRETARY,
KURICHY GRAMA PANCHAYAT, KURICHY.P.O,
KOTTAYAM-686532.
8 LAND ASSIGNMENT COMMITTEE,
REPRESENTED BY ITS CONVENOR-
REVENUE DIVISIONAL OFFICER, RDO OFFICE,
KOTTAYAM-686001.
9 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
KERALA PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.32394 of 2022 3
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VIJU ABRAHAM, J.
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W.P.(C) No.32394 of 2022
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Dated this the 3rd day of November, 2025
JUDGMENT
Petitioners have approached this Court challenging Ext.P13
order issued by the District Collector, essentially aggrieved by the direction
issued by the District Collector again directing the Assistant Executive
Engineer to take steps to evict the petitioners from the road puramboke.
2. Petitioners are husband and wife and they are residing
in a 80 year old house constructed by their predecessors assigned with
building No.592-A of Ward 3 of Kurichy Panchayat. They have been
issued with ration card with the said address as evident from Ext.P1. They
are paying restricted land tax as evident from Ext.P2 and as per Ext.P3
property tax has also paid in respect of the said building. Electricity Board
has given connection to the said old house as evident from Ext.P4. The
said house and the land has been settled in the name of the 1 st petitioner
by his father. When steps were taken for eviction of the petitioners from
the said property, Ext.P7 request was submitted before the District
Collector, wherein the petitioners have sought for their continuance in the
said property. The earlier two eviction notices issued were challenged by
the petitioners before this Court, which were interfered as per Exts.P9 and
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P11 judgments. Subsequently Ext.P13 order was issued by the District
Collector finding that the petitioners have encroached upon the road
puramboke. Finding so, a direction was issued to the Assistant Executive
Engineer to take appropriate action for evicting the petitioners from the
said land. It is stated in the counter affidavit filed by the 2 nd respondent
that based on the circular issued by the Ministry of Road Transport and
Highways all encroachments were to be urgently removed and therefore
appropriate action was taken in this regard. While issuing Ext.P13 the
District Collector has directed the petitioners to submit an application
under the Life Mission Scheme for allotment of a house, but the petitioners
have not submitted any application in this regard till date. Petitioners would
submit that the portal is not open so as to make an application in this
regard. Petitioners would further contended that while issuing Ext.P13 a
direction was issued to the Assistant Executive Engineer, who was found
to be an incompetent authority, to take action as found by this Court in
Exts.P9 and P11 judgments.
3. I have heard the rival contentions on both sides.
4. In Ext.P9 judgment whereby this Court directed the
District Collector to consider Ext.P7, further directed that if the District
Collector find that the building is standing in the puramboke area,
necessary action under the applicable statute can be taken forward after
following the due procedure. The essential contention raised by the
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petitioners against Ext.P13 is that an incompetent person is directed to
take action in this regard. Taking into consideration the above facts and
circumstances and the fact that the petitioners are occupying the
puramboke land, I am inclined to dispose of the writ petition as follows:
Further proceedings pursuant to Ext.P13 for eviction of the
petitioners shall only be undertaken by the competent authority envisaged
as per the notifications issued by the State Government as well as the
Central Government and the same shall be undertaken only in accordance
with the Act and Rules, including issuance of notice to the petitioners and
affording an opportunity of hearing. Petitioners are free to produce all
documents to substantiate that they are entitled to continue in the said
property, which shall also be duly considered while taking a decision in the
matter.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF WP(C) 32394/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF RATION
CARD ISSUED IN THE NAME OF 2ND
PETITIONER WHICH SHOWS THE HOUSE NUMBER.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
30.6.1977 IN THE NAME OF PAULOSE
YOHANNAN ISSUED FROM KURICHY VILLAGE
OFFICE.
Exhibit P3 TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 15.11.2018 ISSUED FROM KURICHY
GRAMA PANCHAYAT.
Exhibit P4 TRUE COPY OF THE ELECTRICITY BILL DATED
2.9.2021 WITH RESPECT TO CONSUMER
NO.146378002645.
Exhibit P5 PHOTOGRAPHS OF THE SAID HOUSE WHERE THE
PETITIONERS RESIDE.
Exhibit P6 TRUE COPY OF THE PETITION FILED BEFORE
THE 4TH RESPONDENT BY THE PETITIONER
DATED NIL.
Exhibit P7 TRUE COPY OF THE REPRESENTATION FILED
BEFORE THE 3RD RESPONDENT DATED
13.9.2021.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 1.9.2021
ISSUED UNDER SECTIONS 12, 13, 15 AND 16
OF KERALA HIGHWAY PROTECTION ACT, 1999
AND SECTIONS 23, 24, 26 AND 27 OF THE
CONTROL OF NATIONAL HIGHWAYS (LAND AND
TRAFFIC) ACT, 2002 ISSUED BY 2ND
RESPONDENT TO THE PETITIONERS IN THE
NAME OF SUNU.P.V.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED
15.11.2011 IN W.P.(C)NO.22075 OF 2021.
Exhibit P10 TRUE COPY OF THE NOTICE DATED 16.03.2022
ISSUED BY THE 2ND RESPONDENT UNDER
SECTIONS 12,13,15 AND 16 OF KERALA
HIGHWAY PROTECTION ACT, 1999 AND
SECTIONS 23, 24, 26 AND 27 OF THE
CONTROL OF NATIONAL HIGHWAYS (LAND AND
TRAFFIC) ACT, 2002 TO THE PETITIONERS.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED
16.3.2022 IN W.P.(C)NO.9718/2022.
Exhibit P12 TRUE COPY OF THE APPLICATION DATED
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30.4.2022 FOR LEASE OF LAND SUBMITTED BY
1ST PETITIONER.
Exhibit P12(A) TRUE COPY OF THE FORWARDING NOTE OF THE
2ND RESPONDENT ON EXHIBIT-P12
Exhibit P13 TRUE COPY OF THE ORDER DATED 8.3.2022
ISSUED BY THE 1ST RESPONDENT.
