Kerala High Court
Hemalatha vs Edavilangu Grama Panchayath on 12 June, 2024
WP(C) NO. 23300 OF 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 23300 OF 2017
PETITIONER/S:
HEMALATHA
AGED 46 YEARS
W/O.DINESAN, AGED 46 YEARS, THEVALIL, EDAVILANGU P.O.,
THRISSUR DISTRICT.
BY ADVS.
SRI.K.SIJU
SMT.S.SEETHA
RESPONDENT/S:
1 EDAVILANGU GRAMA PANCHAYATH
EDAVILANGU P.O., THRISSUR - 680 671 REPRESENTED BY ITS
SECRETARY.
2 THE SECRETARY
EDAVILANGU GRAMA PANCHAYATH, EDAVILANGU P.O., THRISSUR
- 680 671.
3 PUSHKARAN
S/O.THUPRAN, KAIMAPARAMBIL, EDAVILANGU P.O., THRISSUR -
680 671.
4 FATHIMA
W/O.SIDDIQUE, KADAMBOTTU, EDAVILANGU P.O., THRISSUR -
680 671.
BY ADVS.
R.RAJPRADEEP
SRI.P.MURALEEDHARAN
SRI.V.M.MUHIYADHEEN
SMT.N.V.SANDHYA
BRIJESH MOHAN(K/1851/1999)
WP(C) NO. 23300 OF 2017
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SREEDEVI S.(K/767/2020)
OTHER PRESENT:
Sri.P.Muraleedharan for R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23300 OF 2017
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JUDGMENT
Dated this the 12TH day of June, 2024 Petitioner owns 3.850 cents of property in Survey No.380/5 of Edavilangu Village in Thrissur District. There is a water channel lying in east west direction abutting the northern boundary of the petitioner. The 2 nd respondent issued a notice dated 4.4.2017 directing the petitioner to remove obstructions allegedly caused by the petitioner in the water channel. Later, Ext.P3 notice was also issued directing the petitioner to restore the water channel. Petitioner is seeking an order to quash Exts.P2 and P3 in this writ petition and to conduct a site inspection. According to the petitioner, the 4 th respondent has committed encroachment and caused obstruction to the water channel.
2. Pursuant to a direction issued by this Court on 11.06.2024, the learned Counsel for the Panchayat has filed a statement on the basis of instructions received from the authorities. According to the Panchayat no encroachment or blocking of the water channel is seen in the portion of the WP(C) NO. 23300 OF 2017 4 channel abutting the area of the petitioner. It is also reported by the Panchayat that a civil suit is pending between the petitioner and the 3rd respondent with respect to boundaries of the respective properties.
3. On the basis of the clear submission from the part of the Panchayat that there is no encroachment or blocking of water channel, abutting petitioner's property, Exts.P2 and P3 notices cannot be sustained. Therefore, those notices are set aside. It is clarified that this will not preclude the authorities from acting in accordance with law, in case the water channel is obstructed by any of the parties at any later point of time.
The writ petition is disposed of accordingly.
SD/ S.MANU, JUDGE jm/ WP(C) NO. 23300 OF 2017 5 APPENDIX OF WP(C) 23300/2017 PETITIONER EXHIBITS EXHIBIT P1 THE TAX RECEIPT DATED 6/7/2017 ISSUED BY THE VILLAGE OFFICER, EDAVILANGU IN FAVOUR OF THE PETITIONER EXHIBIT P2 THE COPY OF NOTICE DATED 4/4/2017 ISSUED BY THE 2ND RESPONDENT DEMANDING RESORATION OF WATER CHANNEL EXHIBIT P3 THE COPY OF NOTICE DATED 28/6/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 THE COPY OF REPLY DATED 30/6/2017 EXHIBIT P4(A) THE COPY OF RECEIPT DATED 6/7/2017 EXHIBIT P5 THE PHOTOGRAPH SHOWING THE TILED PATHWAY CONSTRUCTED BY THE 4TH RESPONDENT.