Kerala High Court
Rajalakshmi Amma vs State Of Kerala on 15 October, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
WP(C).No. 33698 of 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY ,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940
WP(C).No. 33698 of 2018
PETITIONER/S:
1 RAJALAKSHMI AMMA
AGED 73 YEARS
ELAMPLAVILAZHIKATHU HOUSE
NEDUMON MURI, EZHAMKULAM VILLAGE,
NEDUMON.P.O. PIN.691556
2 RAJAGOPAL
ELAMPLAVILAZHIKATHU HOUSE,
NEDUMON MURI, EZHAMKULAM VILLAGE,NEDUMON.P.O., PIN-
691556
3 PADMAKUMAR
ELAMPLAVILAZHIKATHU HOUSE
NEDUMON MURI, EZHAMKULAM VILLAGE,
NEDUMON.P.O.,
4 BEENAKUMARI
AGED 1 YEARS
ELAMPLAVILAZHIKATHU HOUSE
NEDUMON MURI, EZHAMKULAM VILLAGE,
NEDUMON.P.O. PIN.691556
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVT. SECRETARIATE, THIRUVANANTHAPURAM - 695 001.
WP(C).No. 33698 of 2018
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2 SECRETARY TO GOVERNMENT OF KERALA
REVENUE DEPARTMENT,
GOVT.SECRETARIAT,THIRUVANTHAPURAM-695 001
3 EZHAMKULAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, EZHAMKULAM GRAMA
PANCHAYATH, NEDUMON P.O., PATHANAMTHITTA-691 556
4 SECRETARY
EZHAKULAM GRAMA PANCHAYATH, NEDUMON P.O.,
PATHANAMTHITTA-691 556
5 G.RAJAN
S/O. GOPALAN,PANICKILETHU THEKKETHI HOUSE, NEDUMON
P.O., PIN-691 556
6 HARIKUMAR
S/O. THAKAPPANPILLAI, MOZHAYATHU HOUSE, NEDUMON
P.O.,PIN-691 556
7 BINU. C.CHAKKALAYIL
S/O. SKARIA, CHAKKALAYIL HOUSE, NEDUMON P.O.,PIN-691
556
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33698 of 2018
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JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3 rd and 4th respondent not to carry out any type of construction including tarring on the property of the petitioners, which is the subject matter of OS No.609/2015 and OS No.304/2017 of Munsiff Court Adoor, till the finalisation of suits.
ii) To declare that, the village Panchayath has no authority to make any construction work including tarring on the properties of the petitioner without acquiring or surrendering the property by the petitioners or before the judgment by Court of law with regard to the ownership of the property;
iii) Issue a writ of mandamus or any other appropriate writ order of direction, commanding the 3rd and 4th respondent not to aid any other person to violate the injunction order issued by the Munsiff Court Adoor, to carry out the construction work in the property of the petitioners, which is the subject matter of the suit WP(C).No. 33698 of 2018 4 pending before the Munsiff Court, Adoor.
2. Apparently and admittedly the issues raised by the petitioner in this writ petition is subject matter of OS Nos.609/2015 and 304/2017, pending consideration before the Munsiff's Court, Adoor. According to the petitioners, petitioners have secured order of injunction against the respondents 5 to 7 in OS No.609/2015 evident from Ext.P3. Since the Panchayat was not a party in the suit originally instituted, OS.No.304/2017 was filed subsequently. The said suit is pending consideration. However, all on a sudden the Panchayat has tress-passed into the property of the petitioners and has demolished the wall abutting the road and therefore, there is every likelihood that the Panchayat may further encroach into the property and tar the portion of the property, encroached by the Panchayat.
3. In my considered view, these are all issues, to be adjudicated in the suits specified above. Petitioners ought to have moved necessary application against the Panchayat also. Any how learned Counsel for the petitioner submitted that petitioners could not move the application and taking WP(C).No. 33698 of 2018 5 advantage of the said situation, the Panchayat has interfered with peaceful possession of the property and has demolished the wall.
4. In that view of the matter and also in order to avoid further perplex and complex situations in the suit proceedings, it is only appropriate that the writ petition is disposed of with suitable directions. The further coercive action pursuant to the alleged demolition of the compound wall of the petitioners by the Panchayat or any other authorities will stand suspended for a period of two weeks enabling the petitioners to move the Munsiff's Court in the pending suit proceedings. The writ petition is disposed of with the above said directions, and order. The parties will be thereafter guided by the orders passed by the Munsiff's Court, in accordance with the observations made above.
Sd/ SHAJI P.CHALY JUDGE jm/ WP(C).No. 33698 of 2018 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.609/2015 PENDING BEFORE THE MUNSIFF COURT, ADOOR.
EXHIBIT P2 TRUE COPY OF THE TEMPORARY INJUNCTION GRANTED ON 23.09.2015 IN IA NO.1281/2015 IN OS NO.609/2015.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 08.01.2016 ISSUED BY THE TALUK SURVEYOR.
EXHIBIT P4 TRUE COPY OF THE REPLY DATED 16.01.2016.
EXHIBIT P5 TRUE COPY OF THE PLAINT IN IS NO.304/2017 PENDING BEFORE THE MUNSIFF COURT, ADOOR.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 16.07.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 26.07.2018.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 01.08.2018 IN WP(C)NO.25813/2018.
EXHIBIT P9 TRUE COPY OF THE STATUTORY NOTICE ISSUED ON 13.08.2018 WITH ACKNOWLEDGEMENT CARD. EXHIBIT P10 TRUE COPY OF THE IMPLEADING PETITION IN OS NO.304/2017.
EXHIBIT P11 TRUE COPY OF THE AMENDMENT PETITION IN IS NO.304/2017.
EXHIBIT P12 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE STATUS OF THE PROPERTY BEFORE AND AFTER THE ILLEGAL ACTION.