IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 4107 of 2011(K) ------------------------- PETITIONER(S): --------------------- 1. A.K.VELAYUDHAN,AGED 46. S/O.KUMARAN AMBATTU HOUSE,MANIKKAMANGALAM.P.O,KALADY. 2. BIJOSH.T.S,S/O.SANKARAN,THACHUKUZHIYIL, THRISSUR. 3. VIJAYALAKSHMI,W/O.VELAYUDHAN,AMBATTU HOUSE,MANIKKAMANGALAM.P.O,KALADY. 4. DIVAKARAN,S/O.KRISHNAN,MADAPURATH HOUSE CHUVANNAMANNU.P.O,THRISSUR. BY ADVS. SRI.DINESH R.SHENOY SRI.G.HARIKRISHNAN (TRIPUNITHURA) RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR,CIVIL STATION, THRISSUR-680 001. 2. THE REVENUE DIVISIONAL OFFICER, O/O.REVENUE DIVISIONAL OFFICER, THRISSUR-680 001. 3. THE TAHSILDAR,TALUK OFFICE, THRISSUR TALUK,THRISSUR-680 001. 4. THE PROJECT DIRECTOR,NATIONAL HIGHWAY, AUTHORITY OF INDIA,NATIONAL HIGHWAY COMPLEX, CHEMBUKKAVU,THRISSUR-680 001. 5. THE PANANCHERY PANCHAYATH,REP.BY THE SECRETARY,PANANCHERY GRAMA PANCHAYATH,PATTIKKAD, THRISSUR DISTRICT,PIN-680652. 6. JOY CHALIYELIL,CHALIYELIL HOUSE, CHUVANNAMANNU.P.O,THRISSUR DISTRICT, PIN-680652. WP(C).No. 4107 of 2011(K) ------------------------------------- 7. N.RAJALAKSHMI,D/O.NARAYANI AMMA, RAJI BHAVAN,CHERITHAZATHELIL,CHUVANNAMANNU.P.O, THRISSUR DISTRICT,PIN-680652. 8. JOSE KALAN, KALAN HOUSE , CHUVANNAMANNU.P.O, THRISSUR DISTRICT, PIN-680 652. 9. JOSE THALIYATH, THALIYATH HOUSE CHUVANNAMANNU.P.O,THRISSUR DISTRICT, PIN-680 652. 10. THE EXECUTIVE ENGINEER,ELECTRICAL DIVISION(EAST)KSEB,THRISSUR-680 005. R1-3 BY GOVERNMENT PLEADER RAFEEQ V.K R4 BY SRI.THOMAS ANTONY R5 BY ADVA. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO R6 & 8 BY ADVS. SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE SRI.MANU GEORGE KURUVILLA R7-9 BY ADVS.SRI.N.K.UNNIKRISHNAN SRI.SAJU.S.A SMT.P.A.SHEEJA R10 ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011, ALONG WITH WP(C) 26775 OF 2011, THE COURT ON 19/10/2011 DELIVERED THE FOLLOWING: VK WP(C).No. 4107 of 2011(K) ------------------------------------ APPENDIX -------------- PETITIONER'S EXHIBITS ---------------------------------- EXT.P1. COPY OF BASIC TAX RECEIPT NO.4910015 DATED 6.6.2009 EXT.P2. COPY OF BASIC TAX RECEIPT NO.4865667 DATED 15.7.2009 EXT.P3. COPY OF BASIC TAX RECEIPT NO.4910016 DATED 3.6.2009. EXT.P4. COPY OF BASIC TAX RECEIPT NO.5548542 DATED 20.5.2010. EXT.P5. ROUGHT SKETCH OF THE PURAMBOKE THODU AND THE PROPERTIES OF PETITIONERS AND FRESPONDENTS 6 TO 9. EXT.P6. TYPED COPY OF THE REPRESENTATION DATED 22.1-0.2010 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT. EXT.P7. COPY OF THE REPRESENTATION DATED 6.11.2010 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8. COPY OF THE APPLICATION DATED 15.11.2010 MSUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. EXT.P9. COPY OF THE REPLY DATED 14.12.2010 ISSUED BY THE 5TH RESPONDENT. EXT.P10. COPY OF THE REPRESENTATION DATED 20.11.2010 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT WITH THE ENDORSEMENT BY 1ST RESPONDENT. EXT.P11. COPY OF THE REPORT DATED 18.12.2010 FILED BEFORE THE DEPUTY COLLECTOR (GENERAL), THRISSUR. EXT.P12. COPY of the LETTER DATED 17.12.2010 ISSUED BY THE 1ST RESPONDENT DIRECTING IMMEDIATE ACTION TO BE TAKEN FOR EVICTING THE RESPONDENTS 6 TO 9 FROM PURAMBOKE LAND. EXT.P13. COPY OF THE INSPECTION REPORT, THE NOTICE UNDER SECTION 235 W (2) OF THE KERALA PANCHAYATH RAJ ACT AND THE PROVISIONAL ORDER ISSUED BY THE SECRETARY OF THE 5TH RESPONDENT. EXT.P14. COPY OF THE APPLICATION DATED 6.1.2011 SUBMITTED BY THE 2ND PETITIONER UNDER THE RIGHT TO INFORMATION ACT TOGETHER WITH THE REPLY RECEIVED. EXT.P15. COPY OF REPLY DATED 18.1.2011 ISSUED BY THE 5TH RESPONDENT. EXT.P16. COPY OF THE APPLICATION DATED 29.1.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE NATIONAL HIGHWAY AUTHORITY OF INDIA, THRISSUR. WP(C).No. 4107 of 2011(K) -------------------------------------- RESPONDENT'S EXHIBITS ------------------------------------ ANNEXURE R1(A). COPY OF THE SURVEY SKETCH OF THE LAND WHICH IS MARKED THE ENCROACHED AREA . EXT.R6(A). COPY OF DOCUMENT NO.2926/96 OF SRO OLLUKKARA. EXT.R6(B). COPY OF DOCUMENT NO.1813/1977, SRO OLLUKKARA. EXT.R6(CI). PHOTOGRAPH OF THE 2060 SQ. FEET BUILDING. EXT.R6(2). PHOTOGRAPH OF THE BACKSIDE OF BUILDING TAKEN FROM THE OPPOSITE BANK OF THE THODU. EXT.R6C3). PHOTOGRAPH OF THE SOUTH-WESTERN PART OF PROPERTY. EXT.R6(4). PHOTOGRAPH of the SOUTH EASTERN PORTION OF BUILDING. EXT.R6(C5). PHOTOGRAPH OF THE GROWN UP COCONUT TREES, ARECANUT TREES AND JACK TREES AS WELL AS THE PARTS OF MY OLD COMPOUND WALL. EXT.R6(C6). PHOTOGRPAH OF THE SOUTHERN PART OF MY PROPERTY INCLUDING THE RETAINING WALL AND OLD COMPOUND WALL, COCONUT AND AREA NUT TREES. EXT.R6(C7). PHOTOGRAPH OF THE SOUTH EASTERN PART OF MY BUILDING, THE OLD COMPOUND WALL RUNNING NORTHWARDS, AS WELL AS THE SMALL CONCRETE BRIDGE ON THE SOUTH EASTERN SIDE. EXT.R6(C8). PHOTOGRAPH of the SOUTH-WESTERN PART OF MY BUILDING AS WELL AS PORTION OF THE BUILDING OF MRS. RAJALAKSHMI SITUATED FURTHER WEST. EXT.R6(D). PHOTOCOPY OF THE REPORT NUMBER 5013 OF 2009 OF VILLAGE OFFICER PEECHI, AND APPLICATION EXT.R6(E). COPY OF THE BASIC TAX RECEIPT DATED 10.11.2010. EXT.R6(F). COPY OF THE PROPERTY TAX RECEIPT DATED 19.04.2010. EXT.R6(G). COPY OF THE POSSESSION CERTIFICATE DATED 28.12.2010. EXT.R6(H). COPY OF THE DOCUMENT NUMBER 261/2004 DATED 19.01.2004. EXT.R6(I). COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR THRISSUR, DATED 28.12.2009. WP(C).No. 4107 of 2011(K) ----------------------------------- EXT.R6(J). COPY of the POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER PEECHI, DATED 25.3.2011. EXT.R6(K). COPY OF THE BASIC TAX RECEIPT DATED 22.6.2011. / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) Nos. 4107 of 2011 & 26775 of 2011 --------------------------------------- Dated this the 19th day of October 2011. JUDGMENT The writ petitioners in W.P.(C) No. 4107/2011 are the owners of land lying on the southern side of a puramboke thodu running east west in Chuvannamannu Desom on the southern side of the Thrissur-Palakkad National Highway. 2. According to the petitioners, they are residing in the said land that respondents 6 to 9 encroached upon the puramboke land on the northern side of the thodu and are making unauthorised and illegal construction therein and are trying to encroach and reduce the extent of properties to their exclusive possession and enjoyment. On the above said allegations, the writ petition is filed for a direction directing the respondents 1 to 3 and 5 to evict respondents 6 to 9 from the encroached area of the puramboke land and to demolish the illegal and unauthorised construction made by them and for other incidental reliefs. W.P.(C) Nos.4107/2011 & 26775/2011 2 3. The 7th respondent in W.P.C.No.4107/2011 is the petitioner in W.P.C.26775/11. The writ petition is filed seeking to quash Ext.P9 communication and for other incidental reliefs. 4. Ext.P9 is the communication issued by the District Collector addressed to the Secretary of the Panchayat stating that the petitioner and certain others (refers to respondents 6,8 & 9 in W.P.(C) No.. 4107/11) have encroached upon the thodu puramboke and therefore, steps shall be taken for the removal of encroachment. 5. In the aforesaid facts and circumstances, learned counsel for the petitioners in W.P.C 4107/2011 submits that petitioners intends to file a representation to the Pananchery Grama Panchayat seeking appropriate reliefs and therefore, requests this Court to issue direction to the Secretary of the Panchayat to consider and dispose of the representation within a time frame to be fixed by this Court. 6. In the facts and circumstance, in the event of the petitioners in W.P.(C) 4107/11, submitting a representation as aforesaid, within ten days from today, the Secretary of the Panchayat shall consider the representation and pass appropriate orders after affording an opportunity W.P.(C) Nos.4107/2011 & 26775/2011 3 of being heard to the petitioner and respondents 6,7 & 9 and other affected parties if any, within six weeks from the date of receipt of a copy of the judgment. 7. Petitioners in W.P.(C) No. 4107/11 are residing in the nearby puramboke area. They are complaining of the inaction on the part of the respondents 1 to 5 and 10th respondent in not taking effective and immediate action against respondents 6 to 9. 8. In view of the directions issued as stated above, the Secretary shall ensure that the respondents 6 to 9 and other encroachers, if any, shall not carry out any further construction in the properties occupied by them till the matter is decided. The writ petitions are disposed of as above. HARUN-UL-RASHID JUDGE al