Disposed

Unnikrishnan v.R., v. State of Kerala

Kerala HC23 Nov 2022WP(C)/26276/2022

Case brief

AI extract

What is this about?

Writ petitions regarding alleged unfair encroachment on a National Highway by a petrol outlet. The court directed the Panchayat secretary to initiate proceedings under the Kerala Land Conservancy Act and the Village Officer to demarcate the road boundary within one month to identify encroached portions.

What did the court decide?

Directive to the Secretary of Mullurkkara Grama Panchayat to initiate proceedings under the Kerala Land Conservancy Act; directive to the Village Officer to demarcate the road boundary within one mont

Unnikrishnan v.R., Vs State of Kerala — Property and Title | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944
WP(C) NO. 32839 OF 2019

¶5

PETITIONER

¶6

UNNIKRISHNAN,
AGED 52 YEARS
S/O. RAJAN, VARAVATTOOR HOUSE, MULLOORKKARA P.O.,
THRISSUR DISTRICT.

¶7

BY ADVS.
A.X.VARGHESE
SRI.A.V.JOJO

¶8

RESPONDENTS:

¶9

1 THE SUB INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION, THRISSUR-680582.

¶10

2 SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CHEMPUKKAVU, THRISSUR, PIN-680020.

¶11

3 OFFAR P.S.,

¶12

S/O. SAITHUMUHAMMED, PUTHENKULAM HOUSE,
KUMARANELLUR P.O., PARUTHIPARA DESOM, THRISSUR DISTRICT,
PIN-680590.

¶13

SMT. DEEPA NARAYANAN

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2022, ALONG WITH WP(C).26276/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C) NO.32839 OF 2019 & connected cases

¶16

¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶20

WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,

¶21

1944

¶22

WP(C) NO. 23029 OF 2020

¶23

PETITIONER

¶24

UNNIKRISHNAN

¶25

AGED 52 YEARS

¶26

S/O.RAJAN, VARAVATTOOR HOUSE, MULLOORKKARA P.O.,
THRISSUR DISTRICT.

¶27

BY ADVS.
A.X.VARGHESE
SRI.A.V.JOJO

¶28

RESPONDENTS:

¶29

1 THE DISTRICT COLLECTOR

¶30

COLLECTORATE, THRISSUR, PIN-680003.

¶31

2 THE DISTRICT SURVEY SUPERINTENDENT, OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE, AYYANTOLE, PIN-680003.

¶32

3 THE TAHSILDAR (LAND RECORDS), THALAPPILLY TALUK, THRISSUR, PIN-680022.

¶33

4 TALUK SURVEYOR, THALAPPILLY TALUK OFFICE, THRISSUR, PIN-680022.

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5 THE VILLAGE OFFICER, MULLOORKKARA VILLAGE OFFICE, PIN-680583.

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6 OFFAR P.S., S/O.SAITHUMUHAMMED, PUTHENKULAM HOUSE, KUMARANELLUR P.O., PARUTHIPARA DESOM, THRISSUR DISTRICT, PIN-680590.

¶36

ADV.DEEPA NARAYANAN- SR. GP

¶37

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶38

WP(C) NO.32839 OF 2019 & connected cases

¶39

¶40

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶41

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶42

WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,

¶43

1944

¶44

WP(C) NO. 25686 OF 2020

¶45

PETITIONER:

¶46

UNNIKRISHNAN
AGED 52 YEARS
S/O.RAJAN, VARAVATTOOR HOUSE, MULLOORKKARA P.O.,
THRISSUR DISTRICT.

¶47

BY ADVS.
A.X.VARGHESE
SRI.A.V.JOJO

¶48

RESPONDENTS:

¶49

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

¶50

2 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM, PIN-695 001.

¶51

3 THE DISTRICT COLLECTOR, THRISSUR, PIN-680 003.

¶52

4 THE SENIOR GEOLOGIST, DISTRICT MINING AND GEOLOGY DEPARTMENT, CHEMPUKKAVU, THRISSUR DISTRICT, PIN-682 020.

¶53

5 THE THAHSILDAR, THALAPPILLY TALUK, THRISSUR, PIN-680 582.

¶54

6 THE VILLAGE OFFICER, MULLURKARA VILLAGE OFFICE, PIN-680 583.

¶55

WP(C) NO.32839 OF 2019 & connected cases

¶56

¶57

7 THE STATION HOUSE OFFICER, WADAKKANCHERY POLICE STATION, THRISSUR-680 582.

¶58

8OFFAR.P.S.
S/O.SAITHUMUHAMMED, PUTHENKULAM HOUSE,
KUMARANELLUR P.O., PARUTHIPARA DESOM,
THRISSUR DISTRICT, PIN-680 590.

¶59

BY ADVS.

¶60

J.R.PREM NAVAZ
SUMEEN S.
SMT.DEEPA NARAYANAN- SR. GP

¶61

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶62

WP(C) NO.32839 OF 2019 & connected cases

¶63

¶64

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶65

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶66

WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,

¶67

1944

¶68

WP(C) NO. 10100 OF 2021

¶69

PETITIONER

¶70

UNNIKRISHNAN
AGED 52 YEARS
S/O. RAJAN, VARAVATTOOR HOUSE, MULLOORKKARA P.O.,
THRISSUR DISTRICT.

¶71

BY ADVS.
A.X.VARGHESE
SRI.A.V.JOJO

¶72

RESPONDENTS:

¶73

1 THE CHIEF TOWN PLANNER

¶74

OFFICE OF THE CHIEF TOWN PLANNER, SWARAJ BHAVAN,
II FLOOR, NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN-695003.

¶75

2 THE DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE PANCHAYATH DEPUTY DIRECTOR, KALYAN NAGAR, AYYANTHOLE P.O., THRISSUR, PIN-680003.

¶76

3 MULLOORKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MULLOORKKARA GRAMA PANCHAYATH OFFICE, MULLOORKKARA P.O., THRISSUR, PIN-680583.

¶77

4 OFFAR P.S., S/O. SAITHUMUHAMMED, PUTHENKULAM HOUSE, KUMARANELLUR P.O., PARUTHIPARA DESOM, THRISSUR DISTRICT, PIN-680590.

¶78

WP(C) NO.32839 OF 2019 & connected cases

¶79

¶80

BY ADV P.C.SASIDHARAN
SMT. DEEPA NARAYANAN – SR. GP

¶81

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶82

WP(C) NO.32839 OF 2019 & connected cases

¶83

¶84

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶85

PRESENT

¶86

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶87

WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,

¶88

1944

¶89

WP(C) NO. 26276 OF 2022

¶90

PETITIONER

¶91

UNNIKRISHNAN V.R.,

¶92

AGED 53 YEARS

¶93

S/O. VARAVATOOR RAJAN, MULLUKKARA P.O.,
S.N. NAGAR, THRISSUR-680583.

¶94

BY ADVS.
K.R.ARUN KRISHNAN
JISSMON A KURIAKOSE
DEEPA K.RADHAKRISHNAN

¶95

RESPONDENTS:

¶96

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, THIRUVANANTHAPURAM-695001.

¶97

2 ASSISTANT EXECUTIVE ENGINEER, PWD, VADAKKANCHERRY, THRISSUR-680582.

¶98

3 THE DISTRICT COLLECTOR, THRISSUR-680003.

¶99

4 THE TAHSILDAR, THALAPPILLY TALUK, THRISSUR-680582.

¶100

5 THE VILLAGE OFFICER, MULLAKARA VILLAGE OFFICE, THRISSUR-680583.

¶101

6 MULLOORKKARA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MULLOORKKARA, THRISSUR-680583.

¶102

WP(C) NO.32839 OF 2019 & connected cases

¶103

¶104

7OFFAR P.S.,
S/O. SAITHU MUHAMMED, PUTHENMULLY HOUSE,
KUMARENELLOR P.O., PARUTHIPARA, THRISSUR-680590.

¶105

¶106

SMT.DEEPA NARAYANAN SR.GP
SRI. P.C.SASIDHARAN - R6

¶107

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.11.2022, ALONG WITH WP(C).10100/2021,
24747/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶108

WP(C) NO.32839 OF 2019 & connected cases

¶109

¶110

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶111

PRESENT

¶112

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶113

WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,

¶114

¶115

WP(C) NO. 24747 OF 2022

¶116

PETITIONER

¶117

UNNIKRISHNAN VR.
AGED 53 YEARS
S/O VARAVATOOR RAJAN, MULLUKKARA PO, SN NAGAR,
THRISSUR, 680583

¶118

BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
JISSMON A KURIAKOSE

¶119

RESPONDENTS:

¶120

1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, THIRUVANATHAPURAM 695001

¶121

2 KERALA STATE DISASTER MANAGEMENT AUTHORITY VIKAS BHAVAN, P.O, OBSERVATORY HILLS, OPPOSITE KANAKAKKUNNU PALACE, NANTHANCODU, THIRUVANANTHAPURAM, KERALA 695033

¶122

3 CHIEF SECRETARY TO GOVERNMENT GOVERNMENT OF KERALA 7/2176, NEAR PAREEKSHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM-12

¶123

4 THE DISTRICT COLLECTOR, THRISSUR, PIN-680 003

¶124

5 THE SENIOR GEOLOGIST, DISTRICT MINING AND GEOLOGY DEPARTMENT, CHEMPUKKAVU THRISSUR DISTRICT, PIN-682 020

¶125

WP(C) NO.32839 OF 2019 & connected cases

¶126

¶127

6 THE THAHASILDAR

¶128

THALAPPILLY TALUK, THRISSUR, PIN 680582

¶129

7 THE VILLAGE OFFICER MULLAKARA VILLAGE OFFICE 680583 THRISSUR DISTRICT.

¶130

8 MULLAKARA PANCHAYATH REPRESENTED BY ITS SECRETARY MULLURKKARA 680583 THRISSUR DISTRICT

¶131

9 THE STATION HOUSE OFFICER WADAKKANCHERRY POLICE STATION. THRISSUR 680582

¶132

10 OFFAR. PS S/O SAITHU MUHAMMED PUTHENMULLY HOUSE, KUMARANELLOR PO PARUTHIPARA THRISSUR 680590

¶133

BY ADV P.C.SASIDHARAN
SMT. DEEPA NARAYANAN – SR. GP

¶134

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶135

WP(C) NO.32839 OF 2019 & connected cases

¶136

¶137

JUDGMENT

¶138

[WP(C) Nos.32839/2019, 23029 & 25686 of 2020
10100/2021, 26276 & 24747 of 2022]

¶139

Dated this the 23^rd day of November, 2022

¶140

These writ petitions have been filed seeking remedial measures against the alleged encroachment made by the 10^th respondent in W.P.(C) No.24727 of 2022, by constructing a Petroleum Fuel Retail Outlet abutting the National Highway, at Mullurkkara Village of Thalappilly Taluk in Thrissur District.

¶141

Senior Government Pleader submits that on receipt of the complaints, the Taluk Surveyor conducted a survey and found that there is certain extent of encroachment. As the Local Self Government Institutions are the competent authorities now to take proceedings against encroachments, under the Kerala Land Conservancy Act, the Secretary to the Mullurkkara Panchayat has been directed to initiate

¶142

WP(C) NO.32839 OF 2019 & connected cases

¶143

¶144

proceedings under Act. Senior Government Pleader, however, would submit that the 2^nd respondent in W.P.(C) No.26276 of 2022, after verification, has found that there is no encroachment over the PWD road.

¶145

Standing Counsel for the Mullurkkara Panchayat submits that in view of the directions from the Government, the Panchayat is ready to hear the parties and to initiate proceedings under the Kerala Land Conservancy Act and take a decision after giving opportunity of hearing to the affected parties. However, the Standing Counsel submitted that for removal of any alleged encroachment, a proper demarcation will have to be necessarily done by the Village Officer.

¶146

The counsel representing the 10^th respondent in W.P.(C) No.24747 of 2022 would submit that he has not encroached any piece of land and if any encroachment is found, the 10^th respondent has no objection in respondents removing the same.

¶147

WP(C) NO.32839 OF 2019 & connected cases

¶148

¶149

In view of the facts as stated above and the stand

¶150

taken by the parties to these writ petitions, the writ petitions are disposed of with the following directions:-

¶151

The Secretary to the Mullurkara Grama Panchayat is directed to initiate proceedings under the Kerala Land Conservancy Act and bring the proceedings to its logical conclusion, after giving opportunity of hearing to affected parties.

¶152

The Village Officer is directed to demarcate the

¶153

boundary of the road so as to identify encroached portion, if any. The Village Officer shall make the demarcation, within a period of one month.

N.NAGARESH

JUDGE

hmh

WP(C) NO.32839 OF 2019 & connected cases

¶158

¶159

A PPENDIX OF WP(C) 32839/2019

¶160

PETITIONER EXHIBITS

¶161

EXHIBIT P1TRUE COPY OF THE PLAINT IN OS 522/2017
DATED 10/08/2017 OF THE MUNSIFF COURT,
WADAKKANCHERY.
EXHIBIT P2TRUE COPY OF TH ORDER DATED 10/08/2017
IN IA 2056/2017 IN OS 522/2017 OF THE
MUNSIFF COURT, WADAKKANCHERY.
EXHIBIT P3TRUE COPY OF THE LETTER DATED
01/03/2019 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER.
EXHIBIT P4TRUE COPY OF THE BUILDING PERMIT DATED
31/08/2019.
EXHIBIT P5TRUE COPY OF THE IA 2288/2019 IN OS
522/2017 DATED 18/09/2019.
EXHIBIT P6TRUE COPY OF THE COMMISSION REPORT
ALONG WITH THE SKETCH DATED 11/11/2019.
EXHIBIT P7TRUE COPY OF THE COMPLAINT DATED
24/11/2019.
EXHIBIT P8TRUE COPY OF THE RECEIPT DATED
24/11/2019.
EXHIBIT P9PHOTOGRAPHS SHOWING THE WORK IN THE
PROPERTY OF THE 3RD RESPONDENT.

¶162

RESPONDNET’S EXHIBITS : NIL

¶163

WP(C) NO.32839 OF 2019 & connected cases

¶164

¶165

APPENDIX OF WP(C) 23029/2020

¶166

PETITIONER EXHIBITS

¶167

EXHIBIT P1TRUE COPY OF THE ORDER DATED 10.8.2017
IN I.A.2056/2017 IN O.S.522/2017 ON THE
MUNSIFF COURT, WADAKKANCHERY.
EXHIBIT P2TRUE COPY OF THE BASIC TAX REGISTER OF
THE PROPERTIES IN QUESTION.
EXHIBIT P3TRUE COPY OF THE SKETCH PREPARED BY THE
PRIVATE SURVEYOR BASED ON SURVEY
RECORDS.
EXHIBIT P4TRUE COPY OF THE COMPLAINT GIVEN TO THE
1ST RESPONDENT DATED 26.11.2019.
EXHIBIT P5TRUE COPY OF THE RECEIPTS OF THE
COMPLAINT.
EXHIBIT P6TRUE COPY OF THE LETTER DATED
23.12.2019.
EXHIBIT P7TRUE COPY OF THE LETTER DATED
12.12.2019.
EXHIBIT P8TRUE COPY OF THE ORDER DATED 13.3.2020
IN WP(C) 6803/2020.
EXHIBIT P9TRUE COPY OF THE JUDGMENT DATED
20.8.2020 IN WP(C) 6803/2020.
EXHIBIT P10TRUE COPY OF THE LETTER DATED
17.5.2019.
Exhibit P11TRUE COPY OF THE ENCROACHMENT SKETCH
OBTAINED BY THE PETITIONER UNDER R.T.I
ACT DATED 4/3/2021
Exhibit P12TRUE COPY OF THE REPRESENTATION DATED
13/11/2021 ALONG WITH ITS RECEIPT DATED
15/1/2021
Exhibit P13TRUE COPY OF THE COMPLAINT DATED
28/10/2021

¶168

RESPONDENT’S EXHIBITS NIL

¶169

WP(C) NO.32839 OF 2019 & connected cases

¶170

¶171

APPENDIX OF WP(C) 25686/2020

¶172

PETITIONER EXHIBITS

¶173

`EXHIBIT`	`P1`	`TRUE COPY OF` `10.08.2017 IN` `522/2017 OF T` `WADAKKANCHERY`	`THE` `IA` `HE M` `.`	`ORDER DATED` `NO.2056/2017 IN OS` `UNSIFF COURT,`
`EXHIBIT`	`P2`	`TRUE COPY OF` `25.08.2017.`	`THE`	`LETTER DATED`
`EXHIBIT`	`P3`	`TRUE COPY OF` `01.03.2019 IS` `RESPONDENT TO`	`THE` `SUED` `THE`	`LETTER DATED` `BY THE 2ND` `PETITIONER.`
`EXHIBIT`	`P4`	`TRUE COPY OF` `04.05.2019.`	`THE`	`LETTER DATED`
`EXHIBIT`	`P5`	`TRUE COPY OF` `29.11.2019.`	`THE`	`STOP MEMO DATED`
`EXHIBIT`	`P6`	`TRUE COPY OF` `20.08.2020 IN`	`THE` `WPC`	`JUDGMENT DATED` `6803/2020.`
`EXHIBIT`	`P7`	`TRUE COPY OF` `SUBMITTED BY` `16.10.2020.`	`THE` `THE`	`REPRESENTATION` `PETITIONER DATED`
`EXHIBIT`	`P8`	`TRUE COPY OF` `04.09.2020.`	`THE`	`ORDER DATED`
`RESPOND`	`ENT’S EXHIBITS`
`EXHIBIT`	`R8 (1)`	`THE TRUE COPY` `APPOINTMENT I` `DATED 22.01.2`	`OF` `SSUE` `015`	`THE LETTER OF` `D TO THE PETITIONER`
`EXHIBIT`	`R8 (2)`	`TRUE COPY OF` `RESPONDENT BY`	`THE` `THE`	`NOC ISSUED TO THIS` `CHIEF TOWN PLANNER`
`EXHIBIT`	`R8(3)`	`THE TRUE COPY` `THIS RESPONDE` `DISTRICT MAGI`	`OF` `NT B` `STRA`	`THE NOC ISSUED TO` `Y THE ADDITIONAL` `TE`
`EXHIBIT`	`R8(40`	`TRUE COPY OF` `RESPONDENT BY` `DEPARTMENT`	`THE` `THE`	`NOC ISSUED TO THIS` `EXPLOSIVE`
`EXHIBIT`	`R8(5)`	`TRUE COPY OF` `RESPONDENT BY`	`THE` `THE`	`NOC ISSUED TO THIS` `EXPLOSIVE`

¶174

WP(C) NO.32839 OF 2019 & connected cases

¶175

¶176

DEPARTMENT

¶177

EXHIBIT R8(6)TRUE COPY OF THE NOC ISSUED TO THIS
RESPONDENT BY THE ELECTRICAL
INSPECTORATE

¶178

EXHIBIT R8(7)TRUE COPY OF THE NOC ISSUED TO THIS
RESPONDENT BY THE GEOLOGIST MINING
AND GEOLOGY DEPARTMENT

¶179

EXHIBIT R8(8)TRUE COPY OF THE BUILDING PERMIT
ISSUED TO THE PETITIONER BY THE
SECRETARY, MULLAKKARA GRAMA
PANCHAYAT DATED 31.08.2019

¶180

EXHIBIT R8(9)TRUE COPY OF THE ORDER DATED
09.04.2021 IN I.A.NO.2277 AND
I.A.NO.6 OF 2021 IN O.S.NO.522 OF
2017 PASSED BY THE COURT OF MUNSIFF
WADAKKANCHERRY

¶181

EXHIBIT R8(10)TRUE COPY OF THE ORDER BEARING
NO.3011/C2/TDO/19 ISSUED TO THE
PETITIONER BY THE 4TH RESPONDENT
DATED 18.02.2020

¶182

WP(C) NO.32839 OF 2019 & connected cases

¶183

¶184

APPENDIX OF WP(C) 10100/2021

¶185

PETITIONER EXHIBITS

¶186

EXHIBIT P1TRUE COPY OF THE JUDGMENT IN WP(C)
26029/2019 DATED 4.10.2019.
EXHIBIT P2TRUE COPY OF THE APPEAL DATED 28.11.2019
BEFORE THE 3RD RESPONDENT.
EXHIBIT P3TRUE COPY OF THE ORDER DATED 16.12.2020
IN WP(C) 18121/2020.
EXHIBIT P4TRUE COPY OF THE INTIMATION LETTER DATED
21.1.2021 FORWARDED BY THE 3RD
RESPONDENT.
EXHIBIT P5TRUE COPY OF THE ENCROACHMENT SKETCH
OBTAINED UNDER R.T.I. ACT.
EXHIBIT P6TRUE COPY OF THE COMPLAINT GIVEN TO THE
3RD RESPONDENT DATED 12.3.2021.
EXHIBIT P7TRUE COPY OF THE COMPLAINT GIVEN TO THE
2ND RESPONDENT DATED 18.3.2021.
Exhibit P8TRUE COPY OF THE ORDER
NO.C2/11627/2016/D.DIS ISSUED FROM THE
1ST RESPONDENT DATED 9/12/2016
Exhibit P9TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER UNDER R.T.I.ACT BEFORE
THE MULLURKKARA GRAMA PANCHAYATH
Exhibit P10TRUE COPY OF THE REPLY DATED 21/4/2022
UNDER R.T.I.ACT FROM THE 3RD RESPONDENT
Exhibit P11TRUE COPY OF THE DOCUMENTS OBTAINED FROM
THE MULLURKKARA GRAMA PANCHAYATH UNDER
R.T.I.ACT DATED NIL
Exhibit P12TRUE COPY OF THE COMPLAINT DATED
20/5/2022 SUBMITTED BEFORE THE 1ST
RESPONDENT
Exhibit P13TRUE COPY OF THE COMPLAINT GIVEN TO THE
PANCHAYATH DIRECTOR THIRUVANANTHAPURAM
DATED 20/5/2022

¶187

WP(C) NO.32839 OF 2019 & connected cases

¶188

¶189

APPENDIX OF WP(C) 24747/2022

¶190

PETITIONER EXHIBITS

¶191

Exhibit P1TRUE COPY OF THE NOC FROM ADDITIONAL
DISTRICT MAGISTRATE 28/09/2015
Exhibit P2THE TRUE COPY OF REPORT OF ASSISTANT
ENGINEER, MULLORKKARA GRAMA PUNCHAYATH
DATED 2/08/2019, GRANTING PERMIT FOR
THE CONSTRUCTION
Exhibit P3TRUE COPY OF THE BUILDING PERMIT ISSUED
BY MULLORKKARA PANCHAYATH DATED
31/08/2019
Exhibit P4THE TRUE COPY OF NOC ISSUED BY ADDL.
DISTRICT MAGISTRATE
Exhibit P5TRUE COPY OF THE ORDER DATED 24/06/2021
OF THE TALUK THAHASILDAR, THALAPALLY
Exhibit P6THE TRUE COPY OF ENCROACHMENT SKETCH
DATED 05/05/2021 SHOWING THE
ENCROACHMENT OF THE RESPONDENT
Exhibit P7TRUE COPY OF COMPLAINT BEFORE DISTRICT
COLLECTOR DATED 13/11/2021
Exhibit P8TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 8/4/2022 ISSUED BY MULLURKKARA
VILLAGE OFFICE
Exhibit P9THE JC/1332/2022 LETTER DATED 6/04/2022
WHICH INCLUDES THE REPORT OF ASSISTANT
ENGINEER, ISSUED BY MULOORKKARA GRAMA
PANCHAYATH
Exhibit P10TRUE COPY OF COMPLAINT DATED 24/06/2022
BEFORE DISTRICT GEOLOGY OFFICER
Exhibit P11TRUE COPY OF ORDER DATED 15/06/2022 OF
DISTRICT GEOLOGIST
Exhibit P12TRUE COPY OF THE COMPLAINT DATED
13/06/2022 PREFERRED BEFORE THE CHIEF
SECRETARY
RESPONDENT EXHIBITS
Exhibit R8(a)TRUE COPY OF THE ENCROACHMENT SKETCH
FURNISHED TO THE PANCHAYAT BY THE
SURVEY DEPARTMENT

¶192

WP(C) NO.32839 OF 2019 & connected cases

¶193

¶194

Exhibit R8(b)TRUE COPY OF THE NOTICE DATED 15/9/2022
ISSUED BY THE PANCHAYAT TO THE 10TH
RESPONDENT
Exhibit R8(c)TRUE COPY OF THE LETTER DATED 27/10?
20222 ISSUED BY THE PANCHAYAT TO THE
VILLAGER OFFICER

¶195

WP(C) NO.32839 OF 2019 & connected cases

¶196

¶197

APPENDIX OF WP(C) 26276/2022

¶198

PETITIONER EXHIBITS

¶199

Exhibit P1TRUE COPY OF THE ENCROACHMENT SKETCH
DATED 05.05.2021 PREPARED BY THE TALUK
SURVEYOR SHOWING THE ENCROACHMENT MADE
BY THE 7TH RESPONDENT

¶200

Exhibit P2THE TRUE COPY OF THE ORDER DATED
24.06.2021 OF THE TALUK THAHSILDAR,
THALAPALLY
Exhibit P3TRUE COPY OF THE REPRESENTATION FILED
BEFORE THE 6TH RESPONDENT DATED
28.10.2021
Exhibit P4THE TRUE COPY OF REPRESENTATION DATED
25.05.2022 PREFERRED BEFORE ASSISTANT
ENGINEERING PWD

¶201

RESPONDENT EXHIBITS : NIL

Unnikrishnan v.R., v. State of Kerala

Case brief

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Unnikrishnan v.R., v. State of Kerala

Case brief

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What the court decided

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