Disposed

Eriyadan Noufal v. State of Kerala

Kerala HC23 May 2024WP(C)/6032/2018

Case brief

AI extract

What is this about?

Petitioners challenged notices under the Kerala Land Conservancy Rules alleging encroachment of Government land along Tirur-Malappuram Road. The court directed the Assistant Engineer to consider the petitioners' reply and fresh explanation after hearing them, keeping further proceedings in abeyance till final orders.

What did the court decide?

Authority directed to consider Ext.P5 reply and any fresh explanation within prescribed timelines, after hearing petitioners; further Ext.P4 proceedings kept in abeyance till final orders.

Eriyadan Noufal Vs State of Kerala — Landlord and Tenant | Kerala HC (2024)

WP(C) Nos.30212/2016

6032/2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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THURSDAY, THE 23^RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946

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WP(C) NO. 30212 OF 2016

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PETITIONER/S:

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1 ERIYADAN NOUFAL S/O LATE NAZAR, EARIYADAN HOUSE, EDARIKKODE POST, CHANGUVETTY, MALAPPURAM.

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2 ERIYADAN SAIDALIKUTTY

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S/O LATE KUNHALAN HAJI, EARIYADAN HOUSE, EDARIKKODE POST, CHANGUVETTY, MALAPPURAM.

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BY ADV SRI.SUJAI SATHIAN

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RESPONDENT/S:

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1 EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) MANJERI PIN 676 121.

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2 ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) MANJERI PIN 676 121.

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3 ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT (HIGHWAYS), MALAPPURAM 676 505.

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4 DISTRICT COLLECTOR MALAPPURAM DISTRICT, COLLECTORATE, MALAPPURAM PIN 676 505.

5 TAHASILDHAR

WP(C) Nos.30212/2016

6032/2018

TALUK OFFICE, TIRUR PIN 676 101.

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6 VILLAGE OFFICER VILLAGE OFFICE, THENNALA, TIRUR PIN 676 101.

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BY ADVS. GOVERNMENT PLEADER

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OTHER PRESENT:

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SRI.B.S.SYAMANTAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2024, ALONG WITH WP(C).6032/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) Nos.30212/2016

6032/2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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THURSDAY, THE 23^RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946

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WP(C) NO. 6032 OF 2018

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PETITIONER/S:

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1 ERIYADAN NOUFAL S/O. LATE NAZAR, EARIYADAN HOUSE, EDARIKKODE POST, CHANGUVETTY, MALAPPURAM.

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2 ERIYADAN SAIDALIKUTTY S/O. LATE. KUNHALAN HAJI, EARIYADAN HOUSE, EDARIKKODE POST, CHANGUVETTY, MALAPPURAM.

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BY ADV SRI.SUJAI SATHIAN

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RESPONDENT/S:

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1 STATE OF KERALA

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REP. BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM695001.

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2 DISTRICT COLLECTOR MALAPPURAM DISTRICT, COLLECTORATE, MALAPPURAM676001.

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3 TAHASILDAR TALUK OFFICE, TIRUR-676101.

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4 VILLAGE OFFICER VILLAGE OFFICE, KOTTAKKAL, TIRUR-676101.

WP(C) Nos.30212/2016

6032/2018

5 KOTTAKKAL MUNICIPALITY

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REP. BY ITS SECRETARY, MUNICIPAL OFFICE, KOTTAKKAL, MALAPPURAM DISTRICT-676101.

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6 THE CHAIRMAN MUNICIPAL OFFICE, KOTTAKKAL MUNICIPALITY, KOTTAKKAL, MALAPPURAM DISTRICT-676101.

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BY ADVS. SRI.NOUSHAD THOTTATHIL, SC, KOTTAKKAL MUNICIPALITY,SRI.B.S.SYAMANTAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2024, ALONG WITH WP(C).30212/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) Nos.30212/2016

6032/2018

P.V.KUNHIKRISHNAN, J

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W.P.(C.) Nos. 30212 of 2016

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& 6032 of 2018

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Dated this the 23^rd day of May, 2024

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JUDGMENT

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These two writ petitions are connected and therefore, I

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am disposing of these writ petitions by a common judgment.

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W.P.(C.) No. 30212/2016 is filed with the following

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prayers :

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“a) Call for the entire records leading upto Ext.P4 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction. b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent Nos. 1 to 3 to furnish sketch in respect of Field No. 28 of petitioner;s property as stated in Ext.P4 without any further delay.

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c) Issue such other appropriate writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.” [sic]

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It is submitted that the father of the 2^nd petitioner

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WP(C) Nos.30212/2016 6 6032/2018

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and grand father of the 1^st petitioner, namely Kunhalan Haji was the owner and in possession of 4 cents of property in R.Sy. No. 28/2 of Kottakkal Village. The jenm right of the above property was purchased from Cheriya Kunhunni Raja of Kizhakke Kovilakam as per document No. 2039/1974 of SRO Kottakkal is the submission. A shop building was constructed in the above said property in the year 1994 and tenants of the petitioners are now conducting a bakery and medical shop in the shop building is the further submission. At that stage, the petitioners received notice from the 3^rd respondent informing them that they have encroached Government land in between Changuvetti-Kottakkal in Tirur-Malappuram Road. According to the petitioners, as per Field No. 28, the said portion is separately marked. A show cause notice was issued as evident by Ext.P4. The petitioners submitted Ext.P5 reply to Ext.P4. At that stage, this writ petition is filed apprehending that the respondent Nos. 1 to 3 will proceed with Ext.P4 and demolish

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WP(C) Nos.30212/2016 6032/2018

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the shop room.

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W.P.(C.) No. 6032/2018 is filed by the same petitioners in W.P.(C.) No. 30212/2016 with the following prayers :

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“a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to evict the petitioners forcibly from the property covered under Ext.P1 document without resorting to due process of law. b) Call for the entire records leading up to Ext.P4 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction.

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c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to take any action against the petitioners' property covered under Ext.P1 document.

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d) Issue such other appropriate writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.” [sic]

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In this writ petition, Ext.P4 is challenged. Ext.P4 is a notice issued under the Kerala Land Conservancy Rules.

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When W.P.(C.) No. 30212/2016 came up for consideration on 08.09.2016, this Court passed the following

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WP(C) Nos.30212/2016 8 6032/2018

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order:

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“Admit.

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The learned Government Pleader takes notice for the respondents.

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The proceedings under Ext.P4 shall be kept in abeyance for a period of two weeks.

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Post on 20.09.2016.”

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The interim order was extended until further orders

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on 18.10.2016.

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When W.P.(C.) No.6032/2018 came up for

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consideration on 22.08.2018, this Court passed the following order :

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“GP as well as SC for R5 and R6 seeks time for taking instructions and filing a statement.

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In the meanwhile, there will be a direction not to take any coercive action in violation of Ext.P7 interim order passed by this Court in W.P.(C.) No.30212/2016 dated 18.10.2016 for a period of two months.”

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The main grievance of the petitioners is that without considering the grievance of the petitioners, the official

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WP(C) Nos.30212/2016 9 6032/2018

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respondents are taking steps to evict the petitioners. The petitioners submitted Ext.P5 against Ext.P4 produced in W.P.(C.) No. 30212/2016. After hearing both sides, I think

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these writ petitions can be disposed of directing the 3^rd respondent to consider Ext.P5 in W.P.(C.) No. 30212/2016 and till then, all further proceedings against the petitioners based on Ext.P4 in these two writ petitions can be deferred. The petitioners can be allowed to file appropriate explanation to Ext.P4 in W.P.(C.) No. 6032/2018 to the authority concerned.

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Therefore, these writ petitions are disposed of with the following directions :

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W.P.(C.) No. 30212/2016 is disposed of directing the 3^rd respondent to consider Ext.P5 and pass appropriate orders after giving an opportunity of hearing to the petitioners as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Till final orders are passed, all further

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WP(C) Nos.30212/2016 6032/2018

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proceedings consequent to Ext.P4 shall be kept in abeyance.

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W.P.(C.) No. 6032/2018 is disposed of allowing the petitioners to submit their explanation to Ext.P4 notice before the 3^rd respondent, within one month from the date of receipt of a certified copy of this judgment. If such an explanation is received from the petitioners, the 3^rd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners. If the explanation is submitted as directed above, all further proceedings based on Ext.P4 shall be kept in abeyance, till final orders are passed.

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SD/-

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P.V.KUNHIKRISHNAN JUDGE

SKS

WP(C) Nos.30212/2016

6032/2018

APPENDIX OF WP(C) 6032/2018

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 2039/1975 OF SRO, KOTTAKKAL, DATED 3.11.1975. EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 4TH RESPONDENT, DATED 15.01.2007. EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY EDARIKKODE PANCHAYATH DATED 7.9.2016. EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT, DATED 18.6.2007. EXHIBIT P5 TRUE COPY OF THE PLAINT, O.S. NO. 103/2017 FILED BEFORE THE SUB COURT, TIRUR, DATED 12.7.2007. EXHIBIT P6 TRUE COPY OF THE WRITTEN STATEMENT IN EXT. P5 SUIT, DATED 11.9.2007. EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.30212/2016, DATED 18.10.2016. EXHIBIT P8 TRUE COPY OF THE REPORT PUBLISHED IN MATHRUBHOOMI DATED 19.1.2018. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SENT TO THE 2ND RESPONDENT, DATED 20.1.2018.

WP(C) Nos.30212/2016

6032/2018

APPENDIX OF WP(C) 30212/2016

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S NO 103/2007 BEFORE THE HON'BLE SUB COURT, TIRUR DATED 12-07-2007

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EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S NO 103/2007 BEFORE THE HON'BLE SUB COURT, TIRUR DATED 09/2007

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EXHIBIT P3 A TRUE COPY OF THE PETITION IN I.A NO 3160/2011 IN O.S NO 103/2007 BEFORE THE HON'BLE SUB COURT, TIRUR DATED NOVEMBER 2011

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EXHIBIT P4 A TRUE COPY OF THE NOTICE NO 165/2016 DATED 25-08-2016 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P5 A TRUE COPY OF THE REPLY TO EXHIBIT P4 DATED 06-09-2016

Eriyadan Noufal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Eriyadan Noufal v. State of Kerala

Case brief

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