Disposed

Joy Scaria, v. Meenachil Grama Panchayath

Kerala HC5 Jan 2023WP(C)/22756/2022

Case brief

AI extract

What is this about?

Petitioner alleged encroachment on vested Thodu land by respondents 12 and 13. Court directed 2nd respondent Secretary to take a final decision under Panchayat Rams Removal of Encroachment Rules within two months and disposed of the petition.

What did the court decide?

Direction to 2nd respondent to take a final decision within two months pursuant to the Rules; Petition disposed of.

Joy Scaria, Vs Meenachil Grama Panchayath — Property and Title | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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THURSDAY, THE 5^TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944

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WP(C) NO. 22756 OF 2022

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PETITIONER:

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JOY SCARIA, AGED 60 YEARS S/O. SCARIA, PULIKKUNNEL, THONIPPARA HOUSE, POOVATHODU P. O, BHARANANGANAM, KOTTAYAM, PIN – 686 578, (PARTY IN PERSON).

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BY ADV JOY SCARIA,(PARTY-IN-PERSON)

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RESPONDENTS:

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1 MEENACHIL GRAMA PANCHAYATH EDAMATTOM P. O., BHARANANGANAM, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 686 578.

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2 SECRETARY MEENACHIL GRAMA PANCHAYAT, EDAMATTOM P. O., BHARANANGANAM, KOTTAYAM DISTRICT, PIN – 686 578.

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3 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR KOTTAYAM, COLLECTORATE CAMPUS, KOTTAYAM, KERALA, PIN – 686 002.

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4 REVENUE DIVISIONAL OFFICER PALA MINI CIVIL STATION, PALA P. O, KOTTAYAM DISTRICT, PIN – 686 575.

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5 ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT, MINI CIVIL STATION, PALA P. O, KOTTAYAM DISTRICT, PIN – 686 575.

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6 EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, MINI CIVIL STATION KOTTAYAM, KOTTAYAM DISTRICT, PIN – 686 001.

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7 TALUK SURVEYOR MEENACHIL TALUK, MINI CIVIL STATION, PALA P. O, KOTTAYAM DISTRICT, PIN – 686 575.

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WP(C).No.22756 OF 2022

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8 THE VILLAGE OFFICER POOVARANY VILLAGE, POOVARANY VILLAGE OFFICE, EDAMATTOM P. O, KOTTAYAM DISTRICT, PIN – 686 578.

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9 DIRECTOR OF THE PANCHAYAT KERALA STATE SWARAJ BHAVAN, GROUND FLOOR, NANTHANCODU, KOWDIAR P. O, THIRUVANANTHAPURAM, PIN – 695 003.

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10 ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD KOTTAYAM, SREENIVAS IYER ROAD, KOTTAYAM, PIN – 686 001.

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11 DISTRICT MEDICAL OFFICER, D.M.O OFFICE KOTTAYAM, COLLECTORATE CAMPUS, KOTTAYAM, PIN – 686 002.

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12 REMANY VASUDEVAN POTTANANIYIL HOUSE, IDAMADAN THODU PORAMBOKE, MEENACHIL GRAMA PANCHAYAT 4TH WARD, POOVATHODU P. O, BHARANANGANAM, KOTTAYAM DISTRICT, PIN – 686 578.

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13 LILLYKUTTY VARKEY PARAYIL HOUSE, IDAMADAN THODU PORAMBOKE, MEENACHIL GRAMA PANCHAYAT 4TH WARD, POOVATHODU P. O, BHARANANGANAM, KOTTAYAM DISTRICT, PIN – 686 578.

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BY ADVS. SRI. P.C.HARIDAS - SC SRI. GEORGEKUTTY MATHEW SRI. B.S SYAMANTHAK – GP SRI. T. NAVEEN - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22756 OF 2022

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JUDGMENT

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The petitioner has filed this writ petition alleging that respondents 12 and 13 have encroached on a 'Thodu' vested in the 1^st respondent Panchayat. The petitioner who appeared in person refers to Ext.P12 communication of the Revenue Divisional Officer directing the Panchayat to take action against the alleged encroachment in accordance with the provisions of the Kerala Panchayat Raj Act, 1994.

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The learned counsel for the Panchayat submits that pursuant to Ext.P12 communication, the Panchayat has initiated proceedings under the Kerala Panchayat Raj (Removal of Encroachment And Imposition And Recovery of Penalty for Unauthorised Occupation) Rules, 1996 (for short, 'the Rules').

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WP(C).No.22756 OF 2022

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Pursuant to the notice issued by the

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Panchayat for eviction in terms of the Rules, respondents 12 and 13 have filed their objections before the 2^nd respondent.

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The 2^nd respondent Secretary shall take a final decision pursuant to the notice issued under the Rules, within a period of two months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of with the above

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direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.22756 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE COPY IN TWO PAGES OF THE LITHO
	PLAN IN BLOCK 42 OF POOVARNY VILLAGE.
EXHIBIT P2	A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR KOTTAYAM ON 17/12/2014.
EXHIBIT P3	TRUE COPY OF THE REPORT PREPARED BY THE TALUK SURVEYOR DATED 29/02/2016 ON FILE D3-3253/15.
EXHIBIT P4	TRUE COPY OF THE ADDITIONAL TAHSILDAR LETTER ON FILE NO. 3253/15 DISPATCHED DATED 11/4/2016.
EXHIBIT P5	TRUE COPY OF THE NOTICE ISSUED BY THE TALUK SURVEYOR TO THE PETITIONER,
	RESPONDENTS ONE, TWO AND EIGHTH ON 01.01.2020.
EXHIBIT P6/1	TRUE COPY OF RESURVEY 85 IN BLOCK 42F.M.B MODAL PLAN SHOWING THODU ENCROACHED AREA PREPRED BY THE TALUKL SURVEYOR, MEENACHIL DATED 13/02/2020.
EXHIBIT P6/2	TRUE COPY OF RESURVEY NUMBERS 84/2, 81/11, 210/4, 212/2 IN BLOCK 42 SKETCH PLAN SHOWING THODU ENCROACHED AREAS AND WITH TWO HOUSES PREPARED BY THE TALUK SURVEYOR, MEENACHIL DATED 13/02/2020.
EXHIBIT P7	TRUE COPY OF THE REPORT PREPARED BY THE SURVEYOR ON FILE NUMBERED D3-3253/15 DATED 13/2/2020.
EXHIBIT P8	TRUE COPY OF THE PETITION SUBMITTED BEFORE THE EXECUTIVE ENGINEER MINOR
	IRRIGATION DEPARTMENT KOTTAYAM DATED 9/4/2021.
EXHIBIT P9	TRUE COPY OF THE PETITION SUBMITTED BEFORE THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT PALA OFFICE DATED 9/04/2021.
EXHIBIT P10	TRUE COPY OF THE LETTER NO. D1-
	390/2021 MENTIONED A.E REPORT DATED
	29/04/2021 OF FIFTH RESPONDENT.

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WP(C).No.22756 OF 2022

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EXHIBIT P11	TRUE COPY OF THE LETTER NUMBERED A1-
	882/2021 DATED 14/09/2021 OF SIXTH RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE LETTER NUMBERED NO RDOPLA/1586-2021-L5 DATED 4/10/2021 OF FOURTH RESPONDENT.
EXHIBIT P13	TRUE COPY OF THE PETITION DATED 4/10/2021 FILED BEFORE THE DEPUTY DIRECTOR OF PANCHAYAT KOTTAYAM.
EXHIBIT P14	TRUE COPY OF THE LETTER NUMBERED FILE NO.PAN/13762/2021-C9(DP)DATED 6/11/2021 OF THE DIRECTOR OF PANCHAYATS AT THIRUVANANTHAPURAM.
EXHIBIT P15	TRUE COPY OF THE LETTER NO. FILE NO. ADP-KTM/471/2021-PA1 OF DEPUTY DIRECTOR OF PANCHAYAT (D.D.P), KOTTAYAM.
EXHIBIT P16	TRUE COPY OF THE CIRCULAR NUMBERED C2- 15471/18 DATED 08/11/2018 OF THE DIRECTOR OF PANCHAYATS KERALA.
EXHIBIT P17	TRUE COPY OF THE RESURVEY F.M.B PLAN OF RESURVEY 210 IN BLOCK 42 IN POOVARANY VILLAGE SHOWING SUB DIVISION 210/4 THODU.
EXHIBIT P18	TRUE COPY OF THE DOCUMENT NAMED THANDAPPER ACCOUUNT OF THE 12TH RESPONDENT DATED 19/11/2022
EXHIBIT P19	THE TRUE COPY OF THE DOCUMENT NAMED THANDAPPER ACCOUUNT OF THE 13TH RESPONDENT DATED 19/11/2022
RESPONDENT'S	EXHIBITS :-
EXHIBIT R2A	TRUE COPY OF THE DOCUMENT DATED 22-10- 1997 ISSUED BY THE TAHSILDAR, MEENACHIL TO P.M.VASUDEVAN.
EXHIBIT R2B	TRUE COPY OF THE DOCUMENT DATED 11-10- 1997 ISSUED BY THE TAHSILDAR, MEENACHIL TO JOHN CHAKKALACKAL.
EXHIBIT R2C	TRUE COPY OF THE AGREEMENT EXECUTED BY JOHN CHAKKALACKAL.
EXHIBIT R2D	TRUE COPY OF THE A REPLY BY LETTER
	DATED 27-11-2021 (WRONGLY SHOWN AS 27-
	11-2020) ADDRESSED TO THE DEPUTY

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WP(C).No.22756 OF 2022

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	DIRECTOR OF PANCH	AYAT, KOTTAYAM.
EXHIBIT R2E	TRUE COPY OF THE 2021 OF THE MEENA	DECISION DATED 30-10- CHIL PANCHAYAT.
EXHIBIT R2F	TRUE COPY OF 29/08/2022 OF THE 4TH RESPONDENT.	THE LETTER DATED 2ND RESPONDENT TO THE
EXHIBIT R12(s)	TRUE COPY OF THE DATED 22/10/1997.	POSSESSION CERTIFICATE
EXHIBIT R12(b)	TRUE COPY OF THE DATED 30/09/2022.	PROPERTY TAX RECEIPT
EXHIBIT R12(c)	PHOTOGRAPH OF THE HOUSE OF RESPONDE	THODU IN FRONT OF THE NT NO.12.
EXHIBIT R12(d)	TRUE COPY OF THE DATED 11/10/1997.	POSSESSION CERTIFICATE
EXHIBIT R12(e)	PHOTOGRAPH (1 NO FRONT OF THE RESP	S) SHOWING THODU IN ONDENT NO.13.
EXHIBIT R12(f)	PHOTOGRAPH (1 NOS THE PETITIONER.	) SHOWING THE LAND OF
EXHIBIT R12(g)	TRUE COPY OF T	HE WRITTEN STATEMENT
	FILED BY THE TA	HSILDAR, MEENACHIL IN
	O.S 253 OF 2020 MUNSIFFS COURT, P	IN THE FILES OF THE ALA.

Joy Scaria, v. Meenachil Grama Panchayath

Case brief

What is this about?

What did the court decide?

Joy Scaria, v. Meenachil Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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