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Kerala High Court
Gopakumar vs The State Of Kerala on 21 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:5345
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(C) NO. 37729 OF 2024
PETITIONER:
GOPAKUMAR,
AGED 56 YEARS,
GOVINDA MANDIRAM, KALAVAYIL WARD,
OYOOR MURI, VELINALLOOR VILLAGE,
KOTTARAKKARA TALUK, KOLLAM, PIN - 691510.
BY ADV SHRI.ANAND MAHADEVAN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 VELINALLOOR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, AYOOR ITHIKKARA RD,
OYOOR, KOLLAM, PIN - 691510.
3 THE SECRETARY,
VELINALLOOR GRAMA PANCHAYAT, AYOOR ITHIKKARA RD,
OYOOR, KOLLAM, KERALA, PIN - 691510.
4 TALUK TAHSILDHAR,
KOTTARAKKARA TALUK OFFICE, MINI CIVIL STATION,
KOTTARAKKARA, KOLLAM, PIN - 691506.
5 TALUK TAHSILDHAR (LR),
KOTTARAKKARA TALUK OFFICE, MINI CIVIL STATION,
KOTTARAKKARA, KOLLAM, PIN - 691506.
W.P(C)No.37729 of 2024 2 2026:KER:5345
6 DILEEP KUMAR,
DEVIKA BHAVAN, KOZHIKODE, KATTADI P.O,
POOYAPPALLY, KOLLAM, PIN - 691537.
7 AJANTHAKUMARI,
ABHI BHAVANAM, ARIKUZHI, OYOOR P.O,
KOLLAM, PIN - 691510.
BY ADVS.
SRI.VISHNU BHUVANENDRAN
SHRI.GOPALAKRISHNA PILLAY P.
SMT.B.ANUSREE
SHRI.VARUN JACOB
OTHER PRESENT:
GP SMT PREETHA K K, SRI S BIJU, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C)No.37729 of 2024 3 2026:KER:5345
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No.37729 of 2024
-------------------------------
Dated this the 21st day of January, 2026
JUDGMENT
The above writ petition is followed with the following
prayers:-
"(1)Issue a writ of mandamus or other appropriate writs
and direct the 2nd and 3rd respondents to take
appropriate decision on Exhibit P9 within a time
frame as fixed by this Hon'ble Court.
(ii)Issue a writ of mandamus or other appropriate writs
and direct the 2nd and 3rd respondents to execute
the decision taken as per Exhibit P4 within a time
frame as fixed by this Hon'ble Court.
(ii)Issue a writ of mandamus or other appropriate writs
and direct the 4th and 5th respondents to take
appropriate steps on Exhibits P10, P11 and P12 and
to complete the survey proceedings.
(iv)Issue a writ of mandamus or other appropriate
writs and direct the respondents no. 2 to 6 to take
appropriate steps for removing the encroachments
by the respondents no. 6 and 7 in the property
found as public property by the civil court in A.S 32
of 2012 on the files of the Subordinate Court,
Kottarakkara.
(v)To exempt the petitioner from producing the
translation of the documents which are in
vernacular language.
AND
(vi)To pass any such or further orders as the petitioner
may seek and this Hon'ble Court deem fit to grant."
2. The main prayer in this writ petition is to take
appropriate decision in Ext.P9 by the 2nd and 3rd respondents.
The learned counsel for the petitioner submitted that, the
W.P(C)No.37729 of 2024 4 2026:KER:5345
petitioner will be satisfied if a direction is issued to the 3 rd
respondent to consider Ext.P9.
3. The learned counsel appearing for the
Panchayat, the learned Government Pleader and the learned
counsel appearing for respondents 6 and 7 raised different
contentions. The learned Government Pleader takes me through
paragraphs 3 and 4 of the counter affidavit filed by the 5 th
respondent, it is extracted hereunder:-
"3 It is submitted that the petitioner filed this writ
petition for a direction to the 1 to 5 respondents to
initiate immediate action against the encroachment
in panchayath road. The petitioner filed this petition
requesting eviction of encroachments made in the
pathway leading to the orkkodu ela by the 6th and
7th respondents. An extent of 44.70 Ares in
Resurvey No.6/11, in Block No.36 in Velinalloor
Village was in the possession of Meenakshiamma as
per the Basic Tax Register. There is a pathway lying
adjacent to the Eastern part of the land in Resurvey
No.6/11. On verification of records, it is seen that
there is no such pathway as per the Resurvey
records of Velinalloor Village. The Taluk Surveyor
has been given instructions to verify the site to
determine the exact location (Resurvey number)
and boundary of the pathway.
4. It is submitted that Exhibits P11 and P12 are
applications put in by the petitioner for fixation of
boundary pertaining to land in Resurvey No.6/11 of
Velinalloor Village. On verification of records and in
context with the facts stated in the writ petition it is
seen that the land in Resurvey No.6/11 in Block
No.36 of Velinalloor village is the names of Smt.
Ajanthakumary, D/o. Mennakshiyamma and other
persons and not owned by the applicant. The
authorities of the Panchayat have also not put in
any request for survey and demarcation of
W.P(C)No.37729 of 2024 5 2026:KER:5345
boundaries of the pathway mentioned in the writ
petition. This respondent has taken necessary steps
in the applications put in by the petitioner before
this respondent."
4. I do not want to make any observation about
the same. Since the limited prayer of the petitioner is to consider
Ext.P9 filed before the 3rd respondent, I think that can be allowed.
Therefore, this writ petition is disposed of, with the
following direction:-
1. The 3rd respondent is directed to consider Ext.P9 after
giving an opportunity of hearing to the petitioner, and to
the 6th and 7th respondents, as expeditiously as possible,
at any rate, within a period of two months from the date
of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ANA
W.P(C)No.37729 of 2024 6 2026:KER:5345
APPENDIX OF WP(C) NO. 37729 OF 2024
PETITIONER EXHIBITS
OF 2012 ON THE FILES OF HON'BLE
SUBORDINATE JUDGE'S COURT, KOTTARAKKARA
DATED 18.01.2017
Exhibit P2 TRUE COPY OF THE ASSET REGISTER OF THE
2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE NOTICE ISSUES BY THE
2ND RESPONDENT TO 4TH RESPONDENT DATED
22.10.2009
Exhibit P4 TRUE COPY OF THE DECISION TAKEN BY THE
2ND RESPONDENT DATED 06.05.2010
Exhibit P5 TRUE COPY OF THE PETITION DATED
02.12.2019 FILED BY THE PETITIONER
BEFORE THE RDO, KOTTARAKKARA
Exhibit P6 TRUE COPY OF THE REPORT AND SITE PLAN OF
THE VILLAGE OFFICER DATED 24.04.2010
Exhibit P7 TRUE COPY OF THE MASS REPRESENTATION
SUBMITTED BY THE PETITIONER AND OTHERS
TO THE 2ND RESPONDENT DATED 10.11.2021
Exhibit P8 TRUE COPY OF THE NOTICE FOR HEARING
ISSUED BY THE 3RD RESPONDENT DATED
03.03.2022
Exhibit P9 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER TO THE 2ND RESPONDENT DATED
04.10.2024
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
22.10.2022 FILED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT
Exhibit P11 TRUE COPY OF THE FORM 10 APPLICATION
FILED BEFORE THE 4TH RESPONDENT DATED
22.10.2024
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
22.10.2024 FILED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
