The Court directed the Tahsildar to demarcate and identify the petitioner's land based on her title deed within two months. Pending this exercise, the status quo is to be maintained.
Direction to Tahsildar, Kozhikode, to demarcate and identify land based on title deed within two months and maintain status quo pending exercise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 10TH DAY OF JANUARY 2020 / 20TH POUSHA, 1941
WP(C).No.277 OF 2020(H)
PETITIONER/S:
K.V.IMBICHI PATHUMMA, AGED 73 YEARS
W/O LATE MUHAMMED MON HAJI, KATTUVALLIKKATTU HOUSE, MELEDATHU AMSOM, MANIPURAM DESOM, KODUVALLY VIA, KOZHIKODE DISTRICT, RESIDING AT VAYALIL HOUSE, PATTOTHU, KOODARANHI P.O., KOZHIKODE DISTRICT, PIN - 673 604.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENT/S:
OTHER PRESENT:
SRGP S GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Wpc 277/2020
-:2:-
JUDGMENT
Dated this the 10th day of January 2020
The petitioner approached this Court challenging Ext.P12 notice dated 1.1.2020 issued by the second respondent-Assistant Engineer, PWD Roads Section, Koduvally. The petitioner by this notice was directed to vacate illegally occupying portion of the highway road.
Wpc 277/2020
-:3:-
Highway Protection Act, 1999. The entire exercise for demarcation and identification of property shall be completed within a period of two months by the Tahsildar after issuing notice to the petitioner. On completion of the exercise, if it is found that the petitioner had encroached upon any highway land, further action shall be taken to remove such encroachment without any delay. Till the completion of the exercise as above, status quo as on today shall be maintained.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ms
Wpc 277/2020
-:4:-
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE SETTLEMENT DEED NO. 3402/200 DATED 16-10-2000 OF THE SUB REGISTRY, KODUVALLY. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DOCUMENT NO. 1180/1955 OF THE SUB REGISTRY, KODUVALLY. |
| EXHIBIT P3 | TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01-11-2000 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 0031224 DATED 17-04-2018 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 0031225 DATED 17-04-2018 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 0031226 DATED 17-04-2018 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 0031227 DATED 17-04-2018 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P8 | TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 0031228 DATED 17-04-2018 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 0031229 DATED 17-04-2018 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 0031230 DATED 17-04-2018 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P11 | TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 0031231 DATED 17-04-2018 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P12 | TRUE COPY OF THE NOTICE DATED 01-01-2020 ISSUED BY THE 2ND RESPONDENT. |
3 issues framed by the court
Whether the notice directing the petitioner to vacate encroached land is maintainable without prior demarcation of land.
Whether the Tahsildar should demarcate the land based on title deed before initiating action under the Kerala Highway Protection Act, 1999.
Whether the status quo should be maintained pending completion of land identification exercise.
1 provisions across 1 enactments
K.V. Imbichi Pathumma
Executive Engineer, PWD Roads Division, Kozhikode
Assistant Engineer, PWD Roads Section, Koduvally
Secretary, Koduvally Municipality
Village Officer, Koduvally
A.Muhammed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
