Kerala High Court
Subhash N.S vs The Tahsildar (Lr) on 10 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:75509
WP(C) NO. 15870 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WP(C) NO. 15870 OF 2025
PETITIONER/S:
SUBHASH N.S.,
AGED 45 YEARS
S/O. SUNDARAN, NARANATH HOUSE,VADACODE P.O,
KANGARAPPADY, ERNAKULAM DISTRICT, KERALA, PIN -
682021
BY ADVS.
SHRI.SHERRY J. THOMAS
SRI.JOEMON ANTONY
SRI.RENISH RAVEENDRAN
SHRI.ANTONY NILTON REMELO
SMT.ANJANA P.V.
RESPONDENT/S:
1 THE TAHSILDAR (LR),
KANAYYANNUR TALUK, KANAYANNUR, PARK AVE, NEAR
SUBHASH PARK, MARINE DRIVE, KOCHI, KERALA, PIN -
68201
2 THE VILLAGE OFFICER,
THRIKKAKKARA NORTH VILLAGE OFFICE, KOONAMTHAI,
EDAPPALLY, ERNAKULAM, KERALA, PIN - 682024
3 THE HEAD SURVEYOR,
KANNAYANUR TALUK OFFICE, KANAYANNUR, PARK AVE, NEAR
SUBHASH PARK, MARINE DRIVE, KOCHI, KERALA, PIN -
682011
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WP(C) NO. 15870 OF 2025
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4 KALAMASSERY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, CHANGAMPUZHA NAGAR,
THIRUNILATH HOUSING COLONY, SOUTH KALAMASSERY,
KALAMASSERY, ERNAKULAM, KERALA, PIN - 682033
5 THE SECRETARY,
KALAMASSERY MUNICIPALITY, CHANGAMPUZHA NAGAR,
THIRUNILATH HOUSING COLONY, SOUTH KALAMASSERY,
KALAMASSERY, ERNAKULAM, KERALA, PIN - 682033
6 PAULOSE A.P.,
S/O PATHROSE, ELAVUNGAL PARAMBIL, CHALUNGAL
KILITHATIL HOUSE, VADACODE P.O, KANGARAPPADY,
ERNAKULAM DISTRICT, KERALA, PIN - 682021
7 DISTRICT SURVEY SUPERINTENDENT,
OFFICE OF DISTRICT SURVEY SUPERINTENDENT, CIVIL
STATION, ERNAKULAM, PIN - 682030
BY ADVS.
GP.SMT.JESSY S. SALIM,
SC-SRI.M.K.ABOOBACKER
SRI.VARGHESE K.PAUL
SHRI.VARGHESEKUTTY K.P.
SMT.KASHMEERA ASHRAF
SMT.SNEHA DIVAKARAN P.
SMT.ANAMIKA SASIKUMAR
SHRI.SAFEER BAWA A.S.
SMT.KARTHIKA C.M.
SMT.M.S. ASHNA
SMT.JULLY SIJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 10.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NO. 15870 OF 2025
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C.S.DIAS, J.
---------------------------------------
W.P.(C) No.15870 of 2025
-----------------------------------------
Dated this the 10th day of October, 2025
JUDGMENT
The petitioner is residing within the territorial
limits of the 4th respondent-Municipality. The petitioner
and 55 others are using a pathway in Block No.5 in Ward
No.18 of the Municipality. The said road is a public
pathway and is included in the asset register of the
Municipality. While so, certain encroachments were
noticed. Consequently, the petitioner and others have
submitted Ext.P1 representation before the Municipality.
Accordingly, the Municipality initiated steps to measure
the road with the help of the revenue authorities. The 5 th
respondent issued a communication to the 1st respondent-
Tahsildar to conduct a survey, who has completed the
survey and submitted the report on 22.04.2024. As per
the survey report, it is seen that there is an
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WP(C) NO. 15870 OF 2025
encroachment in the properties comprised in Survey
Nos.812/10 and 812/13. Meanwhile, proceedings were
initiated before the Ombudsman, who has passed Ext.P4
order. Despite Ext.P4 order, no effective measures have
been taken to finalise the proceedings. In the meantime,
the 6th respondent has filed a suit before the civil court
citing that the petitioner and the municipal authorities
are attempting to encroach into his property for the
purpose of widening the road. In fact, the civil court has
been misled by the 6th respondent and an exparte
injunction order has been passed. Notwithstanding the
said injunction order, the 5th respondent may be directed
to enforce the report of the 1st respondent. Hence, the
writ petition.
2. In the counter-affidavit filed by the 6th
respondent it is contended that, the question raised in the
writ petition are all disputed questions of facts. The 6 th
respondent is the owner in possession of 20.25 Ares of
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WP(C) NO. 15870 OF 2025
land comprised in old Survey No.790/1/23 (Re-survey
No.819/1) in Block No.5 in Thrikkakara North Village,
covered under Ext.R6(a) land tax receipt. The 6 th
respondent has not encroached into any puramboke land.
The petitioner's intention is only to harass the 6 th
respondent. The 6th respondent is not a party to the
proceedings before the Ombudsman. The civil court has
passed an order of injunction restraining the defendants
and their men from interfering from entering into the
plaint schedule property of the 6th respondent. Therefore,
the writ petition may be dismissed.
3. Heard; the learned Counsel for the
petitioner, the learned Government Pleader, the learned
Standing Counsel appearing for the respondents 4 and 5
and the learned Counsel for the 6th respondent.
4. The dispute in this case pertains to the
encroachment in Survey Nos.812/10 and 812/13. The 6 th
respondent's property is indisputably comprised in
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WP(C) NO. 15870 OF 2025
Survey No.819/1. Therefore, the property under Ext.P3
proceedings is totally different from the property of the
6th respondent. In the aforesaid circumstances, I don't
find any legal impediment in the 5 th respondent taking
measures to remove the encroachments stated in Ext.P3
communication.
Consequently, I dispose of the writ petition, by
directing the 5th respondent to take necessary steps to
remove the encroachments mentioned in Ext.P3
communication issued by the 1st respondent. The above
exercise shall be carried in accordance with law and as
expeditiously as possible, at any rate, within four months
from the date of production of a copy of the judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 15870 OF 2025
APPENDIX OF WP(C) 15870/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PETITION SUBMITTED
BY THE PETITIONER AS WELL AS OTHERS DATED
20-04-2023
EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION LETTER
DATED 07-06-2023
EXHIBIT P3 THE TRUE COPY OF THE LETTER ISSUED BY THE
TAHSILDAR (LR) TO THE SECRETARY 5TH
RESPONDENT KALAMASSERY MUNICIPALITY DATED
22-04-2024
EXHIBIT P4 THE TRUE COPY OF THE ORDER OF THE
OMBUDSMAN DATED 31-01-2025
RESPONDENT EXHIBITS
EXHIBIT R6(A) THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 31.08.2024 IN RESPECT OF THE SAID
PROPERTY IS PRODUCED HEREWITH AND MARKED
AS EXHIBIT R6(A).
EXHIBIT R6(C) THE TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 06.05.2025 IN RESPECT OF THE
RESIDENTIAL BUILDING BEARING NO 352 AND
484 IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT R6(C)
EXHIBIT R6(D) THE TRUE COPY OF THE TANDAPER ACCOUNT
ISSUED BY THE 2ND RESPONDENT IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT R6(D)
EXHIBIT R6(B) THE TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 06.05.2025 IN RESPECT OF THE
RESIDENTIAL BUILDING BEARING NO. 352A IS
PRODUCED HEREWITH AND MARKED AS EXHIBIT
R6(B).
