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Sunny Mathew v. the Palakkad Municipality

Kerala HC7 Mar 2025WP(C)/10130/2023

Case brief

AI extract

What is this about?

Petitioner, a resident, filed a writ petition challenging the failure of the Palakkad Municipality to remove encroachments over a road identified via a survey. The Court directed the respondents to initiate appropriate proceedings to remove the encroachments within two months.

What did the court decide?

Directed the 1st and 2nd respondents to initiate proceedings to remove encroachments within two months of receipt of the judgment copy.

Sunny Mathew Vs the Palakkad Municipality — Municipal and Town Planning | Kerala HC (2025)

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WP(C) No.10130 OF 2023

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2025:KER:20529

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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 ZIYAD RAHMAN A.A.
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
WP(C) NO. 10130 OF 2023

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PETITIONER/S:

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SUNNY MATHEW
AGED 73 YEARS
S/O LATE P.M. MATHEW, PULICKAPARAMPIL HOUSE, PANCHAMI
GARDENS, SELVAPALAYAM, PALAKKAD., PIN - 678001

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BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY

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RESPONDENT/S:

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1THE PALAKKAD MUNICIPALITY
MUNICIPAL OFFICE, PALAKKAD. REPRESENTED BY ITS
SECRETARY., PIN - 678001

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2 THE SECRETARY PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD., PIN - 678001

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3 ASSISTANT ENGINEER PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD., PIN - 678001

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OTHER PRESENT:

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Shri.Binoy Vasudevan, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.10130 OF 2023

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2025:KER:20529

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J U D G M E N T

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The writ petition is submitted by the petitioner who is a resident of the 1st respondent Municipality. The grievance of the petitioner pertains to the failure on the part of the respondent in removing the encroachments over the road leading to the property of the petitioner. The Resident Association to which the petitioner is the Secretary, has already submitted Ext.P2 representation as early as on 11.12.2017, highlighting the said encroachments. I n Ext.P7 information obtained by the petitioner from the 3rd respondent, under Right to Information Act, it is seen that, acting upon the representation submitted by the petitioner, a survey was caused to be conducted through the Town Surveyor on 11.03.2020 and the encroachments were earmarked . The grievance of the petitioner is that further proceeding have not been taken. The writ petition is submitted by the petitioner in such circumstances seeking the following reliefs:-

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i) call for records relating to Exhibits-P1 to P7.

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ii) issue a writ of mandamus or other appropriate writ or order or direction, directing the respondent Nos. 1 and 2 to take necessary actions to remove the encroachments, as found in

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2025:KER:20529

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WP(C) No.10130 OF 2023

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Ext.P7, over the road comprised in block No.78, Sy. Nos.3676 and 3687 of Palakkad III village at the earliest, at any rate, within a time limit as fxed by this Hon'ble Court: i

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iii) issue a writ of mandamus. or other appropriate writ or order or direction. directing the respondent Nos. 1 and 2 to take necessary actions in matter as mentioned in Ext.P2, P4 and P7 at the earliest, at any rate, within a time limit as fxed by this i Hon'ble Court;

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iv) dispense with the production of true English translation of Malayalam exhibits produced herewith;

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v) pass such other and further orders as are deemed ft and i necessary in the interests of justice.

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2. I have heard Sajan Varghese K., the learned for the petitioner, Sri. Binoy Vasudevan the learned Standing Counsel for the respondents.

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As rightly pointed out by the learned counsel for the petitioner, that it is evident from Ext.P7 that, there are encroachments over the road and the areas of encroachments are already identified after conducting a survey in this regard. Therefore, it is the obligation of the respondents to ensure that such encroachments are removed by initiating appropriate legal proceedings.

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WP(C) No.10130 OF 2023

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2025:KER:20529

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In such circumstances, this writ petition is disposed of directing the 1^st and 2^nd respondents to initiate appropriate proceedings to remove the encroachments, as found by the Town Surveyor which is referred to in Ext.P7. Necessary steps in this regard shall be taken within a period of two months from the date of receipt of copy of the judgment and after issuing notice to the petitioners and affected parties.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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SM/22.03

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2025:KER:20529

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WP(C) No.10130 OF 2023

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APPENDIX OF WP(C) 10130/2023

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE PHOTOGRAPHS OF THE ROAD COMPRISED IN` `BLOCK NO.78, SY.NOS.3676 AND 3687 OF PALAKKAD` `III VILLAGE`
`Exhibit P2`	`TRUE COPY OF THE COMPLAINT DATED 11.12.17` `SUBMITTED BY ‘PANCHAMI GARDENS RESIDENTS` `ASSOCIATION’ TO THE 2ND RESPONDENT.`
`Exhibit P3`	`TRUE COPY OF THE SKETCH ATTACHED ALONG WITH` `EXT.P1.`
`Exhibit P4`	`TRUE COPY OF THE APPLICATION DATED 27.12.2018` `SUBMITTED UNDER THE RIGHT TO INFORMATION ACT`
`Exhibit P5`	`TRUE COPY OF THE REPLY DATED 17.01.2019 ISSUED` `FROM THE OFFICE OF 1ST RESPONDENT`
`Exhibit P6`	`TRUE COPY OF APPLICATION UNDER THE RIGHT TO` `INFORMATION ACT SUBMITTED BY THE PETITIONER` `DATED 15.02.2020`
`Exhibit P7`	`TRUE COPY OF REPLY DATED 12.03.2020 ISSUED TO` `EXT.P6 FROM THE OFFICE OF THE 1ST RESPONDENT`

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A.TO JUDGE

Sunny Mathew v. the Palakkad Municipality

Case brief

What is this about?

What did the court decide?

Sunny Mathew v. the Palakkad Municipality

Case brief

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