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Kerala High Court
R. D. Krishnan Nair vs The District Disaster Management ... on 19 February, 2026
2026:KER:15312
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
WP(C) NO. 43832 OF 2023
PETITIONER:
R. D. KRISHNAN NAIR,
AGED 69 YEARS, S/O. DAMODARAN NAIR,
SOPANAM (H), PADUKOTTUKKAL, THATTA P.O.,
ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN - 691525.
BY ADVS.
SRI.HARISH R. MENON
SRI.K.T.SHYAMKUMAR
SRI.A.G.PRASANTH
SMT.K.N.ABHA
SMT.ALEENA SEBASTIAN
SMT.MARY HEDWIG BABY
RESPONDENTS:
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
PATHANAMTHITTA, REPRESENTED BY ITS CHAIRMAN/
DISTRICT COLLECTOR, PIN - 689645.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISION, ADOOR, PATHANAMTHITTA
DISTRICT, PIN - 691523.
3 THE GRAMA PANCHAYATH OF PANDALAM THEKKEKARA,
ADOOR TALUK, PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 691525.
2
W.P.(C) No.43832 of 2023
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4 THE SECRETARY,
THE GRAMA PANCHAYATH OF PANDALAM,
THEKKEKARA, ADOOR TALUK, PATHANAMTHITTA
DISTRICT, PIN - 691525.
5 THE VILLAGE OFFICER,
THE PANDALAM THEKKEKARA VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN - 691525.
6 SAJEEVAN,
AGED 58 YEARS, S/O. KUNJU KUNJU,
THENGUVILAYIL AMRITHANJANAM (H),
PADUKOTTUKKAL MURI, PANDALAM THEKKEKARA
VILLAGE, THATTA P.O., ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN - 691525.
7 BHARATHI AMMA,
AGED 78 YEARS, M/O. THULASI BHAI,
THULAI BHAVANAM, KURIYILETHU VEEDU,
PADUKOTTUKKAL MURI, PANDALAM THEKKEKARA VILLAGE,
THATTA P.O., ADOOR TALUK, PATHANAMTHITTA
DISTRICT, PIN - 691525.
8 THULASI BHAI,
AGED 47 YEARS, D/O BHARATHI AMMA,
THULAI BHAVANAM, KURIYILETHU VEEDU,
PADUKOTTUKKAL MURI, PANDALAM THEKKEKAR
VILLAGE THATTA P.O., ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN - 691525.
BY ADVS.
SRI.A.BALAGOPALAN
SRI.A.RAJAGOPALAN
SRI.M.N.MANMADAN
SRI.M.S.IMTHIYAZ AHAMMED
SMT.P.SEENA
SRI.JAFFER KHAN Y., GOVERNMENT PLEADER.
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W.P.(C) No.43832 of 2023
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.43832 of 2023
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JUDGMENT
The petitioner is stated to be in the ownership and
possession of 6.70 Ares of land in resurvey No.312/10-1 of
Pandalam Thekkekara Village. The petitioner states that the
properties of respondents 6 to 8 are bordering the property of the
petitioner and on account of the wild growth of various trees and
shrubs in the property of respondents 6 to 8, the petitioner is put
to great difficulties. In such circumstances, the petitioner had
submitted various representations to the official respondents
herein and the 2nd respondent has issued Exts.P6 and P7 notices
to respondents 6 to 8, directing them to take effective steps for
removing the trees which are overhanging to the property of the
petitioner herein. The complaint of the petitioner is to the effect
that in spite of issuing Exts.P6 and P7 notices as above, the further
proceedings required thereunder are not being taken by the
respondents in the matter.
2. Heard Sri.Harish R.Menon, the learned counsel for the
petitioner, Sri.M.S.Imthiyaz Ahammed, the learned counsel for the
Panchayat, as well as Sri. Jaffer Khan Y., the learned Government
Pleader for respondents 1, 2 and 5. In spite of service of notice,
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there is no appearance from the side of respondents 6 to 8.
3. A perusal of Ext.P12 issued by the Panchayat would
show that further proceedings are not being taken on the basis of
the pendency of a Court case. A perusal of the counter affidavit
filed by the Panchayat would show that the court case referred to
in Ext.P12 is a suit instituted by the 6th respondent before the
Munsiff's Court, Adoor. However, the Panchayat has no case that
any order of injunction has been issued by the Munsiff's Court in
the suit filed by the 6th respondent. Furthermore, even the
Panchayat has only referred to a suit instituted by the 6th
respondent. In such circumstances, especially since the notices at
Exts.P6 and P7 have not been independently challenged by
respondents 6 to 8, I am of the opinion that the directions
contained therein requires to be executed by the respondents
herein.
4. Sri.Imthiyas, the learned counsel for the Panchayat
would point out, at this juncture, that the petitioner also requires
to cooperate. Sri.Harish, the learned counsel for the petitioner,
would state that his client is ready and willing to extend all sorts
of cooperation to the Panchayat officials for implementing the
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directions in Exts.P6 and P7.
In such circumstances, this writ petition would stand
disposed of, directing the Panchayat to take note of Exts.P6 and
P7 and to implement the directions contained therein, as
expeditiously as possible, at any rate within a period of six weeks
from the date of receipt of a copy of this judgment.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
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APPENDIX OF WP(C) NO. 43832 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT VIDE
NO.KL03011400548/2023 DATED 02.02.2023
IN THANDAPPER NO.7611 ISSUED TO THE
PETITIONER FROM PANDALAM THEKKEKARA
VILLAGE IN RESPECT OF PROPERTY.
Exhibit P1(a) THE TRUE COPY OF THE LAND TAX RECEIPT VIDE
NO.KL03011400544/2023 DATED 02.02.2023
IN THANDAPPER NO.13532 ISSUED TO THE
PETITIONER FROM PANDALAM THEKKEKARA
VILLAGE.
Exhibit P2 THE TRUE COPY OF THE ROUGH SKETCH OF
LOCATION OF PROPERTY OF THE PETITIONER
AND RESPONDENTS NO. 6 TO 8.
Exhibit P3 THE TRUE COPY OF THE PHOTOGRAPHS OF THE
NATURE, LIE AND TOPOGRAPHY OF THE
PROPERTY OF THE PETITIONER AND
RESPONDENTS 6 TO 8.
Exhibit P4 THE TRUE COPY OF THE COMPLAINT DATED
31.01.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT ALONG WITH
ACKNOWLEDGMENT RECEIPT VIDE
NO.400378/PSDT02/GENERAL/2023/311 DATED
02.02.2022.
Exhibit P5 THE TRUE COPY OF THE COMPLAINT DATED
11.04.2022 FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT AND TAKEN IN FILE AS
CMP NO.392/2022.
Exhibit P6 THE TRUE COPY OF THE NOTICE VIDE NO.B2-
764/2023 DATED 09.06.2023 ISSUED BY THE
2ND RESPONDENT TO RESPONDENTS 6 & 8.
Exhibit P7 THE TRUE COPY OF THE NOTICE VIDE NO.B2-
764/2023 DATED 01.07.2023 ISSUED BY THE
2ND RESPONDENT.
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Exhibit P8 THE TRUE COPY OF THE PLAINT IN O.S
NO.211/2023 BEFORE THE MUNSIFF COURT,
ADOOR FILED ON 07.07.2023.
Exhibit P9 THE TRUE COPY OF THE CIRCULAR
NO.DA1/165/2023-LSGD DATED 12.05.2023
ISSUED BY THE DEPARTMENT OF LSGD, STATE
OF KERALA.
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION DATED
30.10.2023 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENTS 1 TO 5.
Exhibit P10(a) THE TRUE COPY OF THE RECEIPT VIDE.
NO.540787/2023/DM3 DATED 01.11.2023 TO
EXT.P10 REPRESENTATION ISSUED TO THE
PETITIONER BY 1ST RESPONDENT
Exhibit P10(b) THE TRUE COPY OF THE RECEIPT VIDE. NO.B2-
541076/23 DATED 01.11.2023 TO EXT.P10
REPRESENTATION ISSUED TO THE PETITIONER
BY 2ND RESPONDENT.
Exhibit P10(c) THE TRUE COPY OF THE RECEIPT VIDE.
NO.400378/PSDT02/GENERAL/2023/5434 DATED
01.11.2023 TO EXT.P10 REPRESENTATION
ISSUED TO THE PETITIONER BY 4TH
RESPONDENT.
Exhibit P11 THE TRUE COPY OF THE COMMUNICATION VIDE
NO.RDOADR/764/23-B2 DATED 25.11.2023
ISSUED BY 2ND RESPONDENT-RDO TO THE
PETITIONER IN RESPONSE TO EXT.P10
REPRESENTATION.
Exhibit P12 THE TRUE COPY OF THE COMMUNICATION VIDE.
NO.400378/PSDT02/GENERAL/2023/5434/(1)
DATED 08.12.2023 ISSUED BY THE 4TH
RESPONDENT-SECRETARY TO THE PETITIONER IN
RESPONSE TO EXT.P10 REPRESENTATION.
RESPONDENTS' EXHIBITS
Exhibit R3(a) TRUE COPY OF THE NOTICE BEARING NO.
400378/GGDCO8/GENERAL/2023/2607 DATED
17.04.2023 ISSUED BY THE PANCHAYAT TO
RESPONDENTS 6 AND 8
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Exhibit R3(b) TRUE COPY OF THE LETTER NO. 400378/
PSDT02/GENERAL/2023/5434/(1) DATED
08.12.2023 ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER.
