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Kerala High Court
Saraswathy Amma vs State Of Kerala on 27 March, 2026
2026:KER:27969
WP(C) NO. 45223 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WP(C) NO. 45223 OF 2024
PETITIONER:
SARASWATHY AMMA
AGED 82 YEARS
VALIYAVEEDU, PANAYARA PO,
VARKALA, THIRUVANANTHAPURAM DISTRICT,
PIN - 695145
BY ADV SRI.V.I.RAHUL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTEMENT,DEPARTEMENT OF LOCAL
ADMINISTRATION,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CHEMMARUTHY GRAMA PANCAHAYAT
REPRESNTED BY ITS SECRETARY,
CHEMMARUTHY P O, VARKALA TALUK,
THIRUVANANTHAPURAM, PIN - 695146
3 THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM
2ND FLOOR CIVIL STATION BUILDING,
CIVIL STATION ROAD, THIRUVANANTHAPURAM,
KERALA, PIN - 695043
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WP(C) NO. 45223 OF 2024
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4 THE TAHASILDAR
VARKALA TALUK OFFICE,COURT ROAD,
VARKALA, THIRUVANANTHAPURAM, PIN - 695141
5 THE VILLAGE OFFICER
CHEMMARUTHY VILLAGE,CHEMMARUTHY,VARKALA,
THIRUVANATHAPURAM, PIN - 695145
6 SANTHA
AGED 61 YEARS
W/O THULASI,T S LAND,PICCHAKASSERI,
PANAYARA ,VARKALA,
THIRUVANANTHAPURAM, PIN - 695145
7 SREEDHARAN
AGED 71 YEARS
KRISHNA THEERTHAM, PANAYARA P
O,VARKALA,THIRUVANANTHAPURAM, PIN - 695145
8 MOHANDAS
S/O,CHELLAPAN ACHARI,CM LAND,
PANAYARA PO,VARKALA,
THIRUVANANTHAPURAM, PIN - 695145
9 SUMA
W/O LATE MOHANDAS,CM LAND,PANAYARA,
CHEMMARUTHY VILLAGE,VARKALA TALUK,
THIRUVANANTHAPURAM, PIN - 695145
10 MANU
S/O LATE MOHANDAS,CM LAND,PANAYARA,
CHEMMARUTHY VILLAGE,VARKALA TALUK,
THIRUVANANTHAPURAM, PIN - 695145
11 SANU
S/O LATE MOHANDAS,CM LAND,PANAYARA,
CHEMMARUTHY VILLAGE,VARKALA TALUK,
THIRUVANANTHAPURAM, PIN - 695145
12 THANKAMMA
M/O LATE MOHANDAS, CM LAND,
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WP(C) NO. 45223 OF 2024
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PANAYARA,
CHEMMARUTHY VILLAGE,
VARKALA TALUK,
THIRUVANANTHAPURAM, PIN - 695145
BY ADVS.
SHRI.M.R.SASITH PANICKER, SC, CHEMMARUTHY GRAMA
PANCHAYAT
SRI.CHRISTINE MATHEW
SHRI.RAPHAEL THEKKAN
SHRI.AJAY JUEL KURIAKOSE
SHRI.ABESH ALOSIOUS
SHRI.ABIN VARKEY KODIYATTU
SHRI.NIHAL MOHAMMED S.
SHRI.GLADWIN K.A.
ADV.SRI.M.R.SASITH (R2),
SRI.CHRISTINE MATHEW (R7)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 45223 OF 2024
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C. JAYACHANDRAN, J.
------------------------------------
W.P.(C).No.45223 of 2024
------------------------------------
Dated this the 27th day of March, 2026
JUDGMENT
The petitioner alleges encroachment into a public
road by respondents 6 to 8. It was submitted that the
8th respondent is no more, and hence, respondents 9 to
12 have been impleaded. Learned Counsel for the
petitioner would contend that the encroachment, as
alleged above, has been confirmed by Ext.P9 document.
2. Learned Standing Counsel for the 2nd respondent
Panchayat has sworn to an affidavit stating that
there is encroachment. The affidavit also refers to
the fact that the road is vested with the Panchayat,
though it is not included in the Assets Register.
According to learned counsel, immediate action will
be taken against the encroachers in accordance with
law.
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WP(C) NO. 45223 OF 2024
3. In the above circumstances, this Writ Petition
will stand allowed, directing the 2nd respondent to
take action in accordance with law against the
persons who are found to have encroached into the
public road, expeditiously, and in any event, within
a period of three months from the date of receipt of
a copy of this judgment. Needless to say that, the
encroachers shall be afforded an opportunity of being
heard, before directing them to vacate.
Sd/-
C. JAYACHANDRAN
JUDGE
SPV
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WP(C) NO. 45223 OF 2024
APPENDIX OF WP(C) NO. 45223 OF 2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 2/12/2013 (NO.
A2-7276/13) ISSUED BY THE 2ND RESPONDENT TO
THE ADDITIONAL TAHSILDAR, CHIRAYINKEEZHU
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE SECOND
RESPONDENT PANCHAYAT TO THE 8TH RESPONDENT
WITH FILE NUMBER B3 3774/2014 DATED 12-09-
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OS NO.43/2015
BY THE MUNSIFF'S COURT VARKALA, DATED
30/07/2019
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN OS NO.428/2015
BY THE MUNSIFF COURT VARKALA, DATED
08/10/2021
EXHIBIT P5 TRUE COPY OF LETTER SENT BY THE SECOND
RESPONDENT TO THE PETITIONER WITH FILE
NUMBER A2-852/2021 DATED 27-05-2022
EXHIBIT P6 TRUE COPY OF THE LETTER SENT FROM THE SURVEY
DIRECTOR'S OFFICE DATED 23-03-2023, WITH
FILE NUMBER DSLR/1149/2023-S6 TO THE
PETITIONER.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
22/08/2024 FILED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT
EXHIBIT P8 TRUE COPY OF THE LETTER FROM THE OFFICE OF
THE THIRD RESPONDENT WITH FILE NO.
DC/TVM/12832/2023-B15 DATED 08-11-2024
EXHIBIT P9 TRUE COPY OF THE LETTER SEND BY THE FOURTH
RESPONDENT SENT TO THE SECOND RESPONDENT
WITH FILE NO. K3-7363/22 DATED 04-12-2024
EXHIBIT P10 TRUE COPY OF THE FIELD MAP DATED 23-09-2015
SHOWING THE ENCROACHMENTS IN RE SURVEY NO
346/3 OF BLOCK NUMBER 21 IN CHEMMARUTHY
VILLAGE,OF VARKALA TALUK
ANNEXURE A1 THE TRUE COPY OF THE TRACKING REPORT OF
INDIA POST DATED 11-12-2025 IS PRODUCED
HEREWITH AS ANNEXURE A1.
