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Kerala High Court
K.K.Subramanian vs Elankunnappuzha Grama Panchayath on 15 January, 2026
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W.P.(C). No.22666 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947
WP(C) NO. 22666 OF 2020
PETITIONERS:
1 K.K.SUBRAMANIAN
AGED 65 YEARS
S/O. KONNUNNY, KANNANTHARA HOUSE,
THEKKENMALIPPURAM, AZHEEKKAL P.O, VYPIN, ERNAKULAM
DIST., PIN-682 508.
2 K.G. GOPAKUMAR,
AGED 36 YEARS
S/O.K.K. GOPI, KANNANTHARA HOUSE,
THEKKENMALIPPURAM, AZHEEKKAL P.O, VYPIN, ERNAKULAM
DIST., PIN-682 508
BY ADVS.
SRI.P.T.JOSE
SRI.JOSEPH RONY JOSE
RESPONDENTS:
1 ELANKUNNAPPUZHA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, MALIPPURAM P.O,
KOCHI, KERALA-682 511
2 REVENUE DIVISIONAL OFFICER, FORT KOCHI
ERNAKULAM DIST-682 001.
3 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM-682 030
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W.P.(C). No.22666 of 2020
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4 THE VILLAGE OFFICER,
PUTHUVYPPU VILLAGE, OCHANTHURUTH, KOCHI-682 508.
5 THE TAHSILDAR,
KOCHI TALUK, GROUND FLOOR, FORT KOCHI-682 001
6 SHAJAHAN LAKSHMI
S/O. LAKSHMI, AGED ABOUT 64 YEARS, KALATHIPARAMBIL
HOUSE, THEKKENMALIPPURAM, AZHEEKKAL P.O, PIN-682
508
7 SHANIL SHAJAHAN LAKSHMI
S/O. SHAJAHAN LAKSHMI, AGED ABOUT 38 YEARS,
KALATHIPARAMBIL HOUSE, THEKKENMALIPPURAM, AZHEEKKAL
P.O, PIN-682 508
8 K.V.RAJAN
S/O. VELAYUDHAN, AGED ABOUT 67 YEARS,
KALATHIPARAMBIL HOUSE, THEKKENMALIPPURAM, AZHEEKKAL
P.O,PIN-682 508.
9 SHALVI C.L.
S/O. CHERIKKATHARA LAKSHMANAN, AGED ABOUT 59 YEARS,
CHERIKKATHARA HOUSE, THEKKENMALIPPURAM, AZHEEKKAL
P.O, PIN-682 508.
10 SURESH BABU
S/O. CHERIKKATHARA LAKSHMANAN, AGED 63 ABOUT YEARS,
NOW RESIDING AT CHERIKKATHARA HOUSE
(SREEVALSOM),NEAR V.V.LP.SHCOOL, KONAM, KOCHI-682
006
11 SULEKHA VIDYASAGAR
W/O. VIDYASAGAR, (D/O. CHERIKKATHARA LAKSHMANAN),
AGED ABOUT 61 YEARS, NOW RESIDING AT
NAMBOORIKANDATHIL HOUSE, SEMINARI ROAD, CANOSSA
NAGAR, EDAKOCHI P.O, PIN-682 010.
12 RAJAGOPAL,
S/O. CHERIKKATHARA LAKSHMANAN, AGED ABOUT 55
YEARS,CHERIKKATHARA HOUSE, THEKKENMALIPPURAM,
AZHEEKKAL P.O, PIN-682 508
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13 VENUGOPAL @ SUDHEER
S/O. CHERIKKATHARA LAKSHMANAN, AGED ABOUT 52
YEARS,CHERIKKATHARA HOUSE, THEKKENMALIPPURAM,
AZHEEKKAL P.O,PIN-682 508
BY ADVS.
SHRI.P.M.BENZIR
SRI.SAJAN MANNALI
SMT.CHITHRA S.BABU
SRI.N.RETHEESH
SMT.SUMA RATHEESH
SRI.AADITHYAN S.MANNALI
SHRI.SHANKAR RETHEESH
OTHER PRESENT:
GP- NIMMY JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.22666 of 2020
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VIJU ABRAHAM, J.
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W.P.(C) No.22666 of 2020
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Dated this the 15th day of January, 2026
JUDGMENT
The petitioners have approached this Court seeking a
direction to the 1st respondent Panchayath to take urgent steps to
measure the puramboku thodu having 60 meter in length and
about 4 meter width as existed there, by giving notice to the Taluk
Surveyor.
2. The grievance raised by the petitioners is that the
Panchayth Thodu has been encroached upon by respondents 6 to 8.
The petitioners submit that several complaints have been preferred
including Ext.P8, but no action has been taken in this regard.
3. The learned counsel appearing for the 1st respondent would
submit that when complaints were received, the matter was placed
before the Taluk Surveyor for a survey and only on measurement of
the property by the Taluk authorities, the encroachment can be
found and in the event encroachment is found on puramboke land,
necessary action will be initiated by the authorities.
4. A detailed counter affidavit has been filed by the 5 th
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respondent, wherein in paragraph 6 it is specifically stated that a
survey has been conducted and that a drainage having width of 2
meters was found, which is starting from the south west edge of
Sy.No.110/22 and ends in the eastern backwater and such a
puramboke land does not appear to have been included in the old
survey and resurvey records of Puthuvype village. As per the
records, the disputed land is seen as patta land and therefore, no
action can be taken according to revenue survey and also reported
that a detailed survey is needed for calculating the extent of
drainage and the related canal and requested for time for
surveying the land.
5. It is seen that the above said counter affidavit was filed as
early as on 25.10.2022. Taking into consideration the above facts
and circumstances of the case, I am inclined to dispose of the writ
petition as follows:
Since the Taluk Surveyor has stated that, as per the old
survey and resurvey records, the subject property is a patta land
and that no action can be taken on that basis alone, and that only
upon conducting a detailed survey to ascertain the extent of the
drainage and the related canal it can be determined whether there
is any encroachment, respondents 3 and 5 are directed to see that
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a detailed survey is conducted to calculate the extent of the
drainage and the related canal, after issuing notice to all affected
parties, including the petitioners and the party respondents herein,
and to submit a survey sketch and report to the 1 st respondent
Panchayat within a period of four months from the date of receipt
of a copy of this judgment. If any encroachment is found in the
report of the Surveyor, the 1st respondent shall take appropriate
steps for evicting the encroachment, within a further period of
three months.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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APPENDIX OF WP(C) NO. 22666 OF 2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PETITION FILED BY M.V.
JOSEPH TO THE 1ST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE REPLY LETTER DATED
9.7.2014 BY THE THEN SECRETARY OF 1ST
RESPONDENT PANCHAYATH.
EXHIBIT P3 A TRUE COPY OF THE MINUTES AND DECISION
TAKEN BY THE CANA SAMRAKSHANA SAMITHI
DATED 31.10.2014.
EXHIBIT P4 A TRUE COPY OF THE PRESS RELEASE OF CANA
AVAKASHA SAMRAKSHANA SAMITHI.
EXHIBIT P5 A TRUE COPY OF THE COMPLAINT FILED BY
M.V. JOSEPH TO THE 3RD RESPONDENT AND
DIRECTION OF CR.PC 133 PROCEEDINGS
AGAINST 1ST RESPONDENT PANCHAYATH.
EXHIBIT P6 A TRUE COPY OF THE REPORT OF THE 4TH
RESPONDENT VILLAGE OFFICER DATED
24.11.2014 OBTAINED AS PER RIGHT TO
INFORMATION ACT 2005.
EXHIBIT P7 A TRUE COPY OF HANDWRITTEN COMPLAINT
DATED 6.3.2019 TO THE 1ST RESPONDENT
OBTAINED AS PER RIGHT TO INFORMATION ACT
2005.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 5.4.2019
FILED TO THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE A/D CARD SIGNED BY THE
2ND RESPONDENT DATED 16.4.2019.
EXHIBIT P10 THE TRUE COPY OF THE REPORT DATED NIL
PREPARED BY THE 1ST RESPONDENT OBTAINED
BY RIGHT TO INFORMATION ACT.
EXHIBIT P11 THE TRUE COPY OF THE PROCEEDINGS DATED
30.07.2019 ISSUED BY THE 1ST RESPONDENT
PANCHAYATH.
