This judgment disposes of two connected writ petitions challenging orders issued by local authorities regarding encroachment and eviction of land. The court did not grant immediate stays or direct relief.
Contentions left open; authorities directed to proceed with Ext.P6 if no appeal pending within three months; subject to pending appeals or civil cases.
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.
WP(C) Nos.19600/21 & 405/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11TH DAY OF JULY 2022 / 20TH ASHADHA, 1944 WP(C) NO. 405 OF 2022
PETITIONER/S:
1 AJIKUMAR AGED 47 YEARS S/O.SREEDARAN, KIDANGIL HOUSE, KUTTAMPEROOR P.O., MANNAR, ALAPPUZHA, PIN-689 623.
2 VISALA AGED 40 YEARS W/O.AJIKUMAR, KIDANGIL HOUSE, KUTTAMPEROOR P.O., MANNAR, ALAPPUZHA, PIN - 689 623.
BY ADV N.N.SASI
RESPONDENT/S:
4 TAHASILDAR TALUK OFFICE, CHENGANNOOR P.O., ALAPPUZHA, PIN- 689
WP(C) Nos.19600/21 & 405/2022
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OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, ALONG WITH WP(C).19600/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.19600/21 & 405/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 11TH DAY OF JULY 2022 / 20TH ASHADHA, 1944
WP(C) NO. 19600 OF 2021
PETITIONER/S:
SREEJITH R., AGED 36 YEARS S/O.RAVEENDRANATH, PULLAMADATHIL HOUSE, KUTTAMPEROOR P.O., MANNAR, ALAPPUZHA DISTRICT, PIN-689 623.
BY ADVS. T.P.PRADEEP MINIKUMARY M.V.
RESPONDENT/S:
WP(C) Nos.19600/21 & 405/2022
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TALUK OFFICE, CHENGANNOOR, ALAPPUZHA DISTRICT, PIN-689 121.
BY ADVS. R.GIREESH VARMA N.N.SASI
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, ALONG WITH WP(C).405/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.19600/21 & 405/2022
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P.V.KUNHIKRISHNAN, J
W.P.(C) Nos.19600 of 2021 & 405 of 2022
Dated this the 11th day of July, 2022
JUDGMENT
These two writ petitions are connected and therefore, I am
disposing of these two writ petitions by a common judgment. I will first consider the contentions in W.P.(C.) No. 405/2022. The
prayers in W.P.(C.) No. 405/2022 are extracted hereunder :
I) Issue a writ of Mandamus or other appropriate writ, order or direction to direct the 1st , 2nd and 4th respondent not to take any further proceedings on Ext P18 order or evict the petitioners from 8 cents virivu land in Re.Sy.No.488/7 of Mannar Village till the civil court take a decision consequent to Ext P16 and P17 statutory notice.
ii) Issue a writ of certiorari or any other writ, order or direction to quash Ext P18 order passed by the 2nd respondent with a finding that the order is illegal.
iii) Issue a writ of mandamus or other appropriate writ, direction
WP(C) Nos.19600/21 & 405/2022
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or order to direct the 3rd and 4th respondent to consider and pass appropriate orders on Ext P13 and P14 representations for effecting mutation of 8 cents of ‘virivu’ land for reason of long possession of more than 60 years.
iv) Issue a writ of mandamus or any other writ order or direction to 2nd and 4th respondent not to evict the petitioners from 8 cent of virivu land in Re.Sy.No.488/7-488/5 of Mannar Village till the appeal pending before the 1st and 5th respondents is attained a finality.
v) Issue such other order appropriate writ, order or direction this Hon’ble Court deem fit and proper in the interest of justice.
Ext.P18. I perused Ext.P18. There is nothing to challenge in Ext.P18. It will be beneficial to extract the last portion of Ext.P18.
" കകൈയയ്യേറ്റമുണണ്ടെനന്നും ഒഴഴിപഴിക്കണണമെനന്നും ണചെങ്ങന്നൂര് തഹസഴിലലല്ദാര് (എല ആര്) നഴിര്യര്ദ്ദേശഴിചഴിട്ടുള്ള മെല്ദാനല്ദാര് വഴിയല്ലേജജ് യബല്ദാക്കജ് നന്നും 2 ല ററീസര്യര്വ്വേ നന്നും 488/5 ല ണപെട്ട 3.26 ആര്സജ് സ്ഥലന്നും അളനജ് തഴിരഴിചജ് അതഴിരുകൈള് യരഖണപടുതഴി തരണണമെനജ് കൈല്ദാണഴിചജ് ണചെങ്ങന്നൂര് തല്ദാലൂക്കജ് സര്യര്വ്വേയര്ക്കജ് കൈതജ് നലകൈഴിയഴിട്ടുള്ളതല്ദാണജ്. ടഴി സ്ഥലന്നും അതഴിരജ് നഴിശ്ചയഴിചജ് ലഭഴിക്കുന മുറക്കജ് തുടര് നടപെടഴികൈള് സസറീകൈരഴിക്കുനതല്ദാണണന വഴിവരന്നും അറഴിയഴിക്കുന. ”
WP(C) Nos.19600/21 & 405/2022
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petitioner is free to challenge the same in accordance to law. With that observation, the writ petition can be closed.
prayers in this writ petition are extracted hereunder :
i) issue a writ of Mandamus or other appropriate writ, direction or order to direct the 1st and 2nd respondents to take action for the removal of encroachment committed by the 5th and 6th respondents in the “Puramboke Road” comprising in resurvey No.488/5 of Mannar Village.
ii) issue a writ of mandamus or any other appropriate writ or order to direct the 1st and 2nd respondents to complete the proceeding pursuant to Ext P6 notice forthwith.
iii) issue a writ of mandamus or any other appropriate writ or order of direction, directing 1st and 2nd respondents to dispose of Ext P1 complaint submitted by the petitioner in accordance with Kerala Panchayat Raj(Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorized Occupation)Rules.
And
iv) issue such other appropriate writ, order or direction as this Hon’ble Court deem fit and proper, in the circumstances of the case.[SIC]
The counsel appearing for respondents 5 and 6 submitted that they
already challenged Ext.P6. But no interim order staying or varying
WP(C) Nos.19600/21 & 405/2022 8
Ext.P6 is produced before this Court. If there is any appeal is pending against Ext.P6 and if any order is passed in that appeal, the official respondents will proceed only as per the order in the
appeal. If there is no appeal against Ext.P6, further proceedings
based on Ext.P6 will be taken by the official respondents in accordance to law.
Therefore, these writ petitions are disposed of with the following directions :
WP(C) Nos.19600/21 & 405/2022
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judgment. But I make it clear that if there is any appeal is filed and any interim order is passed, the above directions will
be subject to the result of the appeal.
this writ petition are left open.
SD/-
P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) Nos.19600/21 & 405/2022
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APPENDIX OF WP(C) 19600/2021
PETITIONER EXHIBITS
| Exhibit | P1 | TRUE COPY OF THE SUBMITTED BEFORE |
COMPLAINT DATED 13.04.2021 THE 2NDR RESPONDENT. |
|---|---|---|---|
| Exhibit | P2 | TRUE COPY OF THE SUBMITTED BEFORE |
COMPLAINT DATED 13.04.2021 THE 3RD RESPONDENT. |
| Exhibit | P3 | TRUE COPY OF THE | REPORT AND MAHAZAR. |
| Exhibit | P4 | TRUE COPY OF PURA | MBOKE REGISTER. |
| Exhibit | P5 | TRUE COPY OF THE 18.05.2021 OF THE |
COMMUNICATION DATED 4TH RESPONDENT. |
| Exhibit | P6 | TRUE COPY OF THE 27.04.2021 ISSUED |
SHOW CAUSE NOTICE ISSUED ON BY THE 2ND RESPONDENT. |
| PETITION | ER EXHIBITS | ||
| Exhibit | R5(A) | TRUE COPY OF THE 15.5.1993 OF SRO |
SALE DEED NO. 666/1993 DATED MANNAR |
| EXHIBIT | R5(B) | TRUE COPY OF THE 25.1.2007 OF SRO |
SALE DEED NO. 134/2007 DATED MANNAR |
| EXHIBIT | R5(C) | TRUE COPY OF THE FILED BEFORE THE |
OBJECTION DATED 21.5.2021 3RD RESPONDENT |
| EXHIBIT | R5(D) | TRUE NCOPY OF THE | OBJECTION DATED 19.7.2021 |
| EXHIBIT | R5(E) | TRUE COPY OF THE BEFORE THE DISTRI |
APPEAL DATED 4.10.2021 CT COLLECTOR |
| EXHIBIT | R5(F) | TRUE COPY OF THE | LETTER DATED 10.10.2021 OF |
WP(C) Nos.19600/21 & 405/2022
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DISTRICT COLLECTOR, ALAPPUZHA EXHIBIT R5(G) TRUE COPY OF THE OBJECTION DATED 10.5.2021 EXHIBIT R5(H) TRUE COPY OF THE LETTER DATED 9.11.2021 OF RESPONDENT NO.1
WP(C) Nos.19600/21 & 405/2022
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APPENDIX OF WP(C) 405/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF SALE DEED NO.135/2007 DATED 25/01/2007. |
|---|---|
| Exhibit P2 | TRUE COPY OF TH SALE DEED NO.1698/2013 DATED 07/11/2013. |
| Exhibit P3 | TRUE COPY OF SALE DEED NO.666/1993 DATED 15/05/1993 OF SRO, MANNAR. |
| Exhibit P4 | TRUE COPY OF SALE DEED NO.134/2007 DATED 25/01/2007 OF S.R.O., MANNAR. |
| Exhibit P5 | A TRUE COPY OF THE MAHAZAR SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 4TH RESPONDENT. |
| Exhibit P6 | TRUE COPY OF THE ORDER DATED 18/05/2021 PASSED BY THE 4TH RESPONDENT. |
| Exhibit P7 | TRUE COPY OF THE ORDER DATED 27/04/2021 OF THE 2ND RESPONDENT. |
| Exhibit P8 | TRUE COPY OF THE REPRESENTATION DATED 21/05/2021. |
| Exhibit P9 | TRUE COPY OF THE OBJECTION DATED 19/07/2021. |
| Exhibit P10 | TRUE COPY OF THE OBJECTION DATED 10/05/2021 FILED BEFORE THE 2ND RESPONDENT. |
| Exhibit P11 | TRUE COPY OF THE APPEAL DATED 04/10/2021 BEFORE THE 5TH RESPONDENT. |
| Exhibit P12 | TRUE COPY OF THE LETTER DATED 10/10/2021. |
WP(C) Nos.19600/21 & 405/2022
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Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 18/10/2021 FILED BEOFRE THE 3RD RESPONDENT. Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 18/10/2021 FILED BEFORE THE 4TH RESPONDENT. Exhibit P15 TRUE COPY OF THE LETTER DATED 16/10/2021. Exhibit P16 TRUE COPY OF THE LEGAL NOTICE DATED 12/10/2021 SENT TO THE 5TH RESPONDENT. Exhibit P17 TRUE COPY OF THE LEGAL NOTICE SENT TO THE 2ND RESPONDENT. Exhibit P18 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 09/11/2021.
3 issues framed by the court
Whether the writ petitions challenging encroachment proceedings and eviction orders should be disposed of without a stay.
Whether the petitioner is free to challenge consequential orders based on the impugned notices later.
Whether a civil case pending between parties affects the disposal of these writ petitions.
Ajikumar and another
Sreejith R.
Mannar Grama Panchayath and others
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
