Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 PETITIONER/S:
1 SARASAN, AGED 67 YEARS S/O SANKARAN, ANATT HOUSE, LOKAMALESWARAM VILLAGE, MADAVANA P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT, 2 VENU AGED 68 YEARS S/O RAMAN, KOLLIKKATHARA HOUSE, LOKAMALESWARAM VILLAGE, 3 BHARATHAN.K.C. AGED 55 YEARS REPRESENTED BY POWER OF ATTORNEY HOLDER PRIYA BHARATHAN, AGED 49 YEARS, W/O BHARATHAN.K.C., KARINAAT HOUSE, LOKAMALESWARAM VILLAGE, MADAVANA P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT., PIN - 680666 4 ANANDAN AGED 52 YEARS S/O VASU, KARYEZHATH HOUSE, LOKAMALESWARAM VILLAGE, 5 UNNIKRISHNAN AGED 53 YEARS S/O CHENDAN, PACHAMPILLY HOUSE, LOKAMALESWARAM VILLAGE, 6 RAJAN AGED 70 YEARS S/O CHENDAN, PACHAMPILLY HOUSE, LOKAMALESWARAM VILLAGE, BY ADVS. HASHIM V.H. ZUBAIR PULIKKOOL
RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
2 THE SECRETARY , LOCAL SELF GOVERNMENT DEPARTMENT. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 3 THE SECRETARY, KODUNGALLUR MUNICIPALITY. KODUNGALLUR MUNICIPALITY, P.O. KODUNGALLUR, THRISSUR 4 TAHSILDAR, KODUNGALLUR TALUK. KODUNGALLUR TALUK OFFICE, P.O. KODUNGALLUR, THRISSUR 5 THE SECRETARY, ERIYAD GRAMA PANCHAYATH. ERIYAD GRAMA PANCHAYATH, ERIYAD.P.O., KODUNGALLUR, THRISSUR DISTRICT., PIN - 680666 6 VILLAGE OFFICER, LOKAMALESWARAM VILLAGE. LOKAMALESWARAM VILLAGE, P.O. KODUNGALLUR, THRISSUR 7 THE DISTRICT COLLECTOR, THRISSUR DISTRICT. COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR., PIN - 680003 BY ADVS. P.V.JEEVESH P.V. A.S.DHEERAJ(K/1204-L/2010)
OTHER PRESENT: K.R. DEEPA -SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 31st day of January, 2024 The present writ petition has been filed with the following reliefs:-- “1. To issue writ of ‘Mandamus’ or such other writ or direction, directing the 1st respondent or any other respondents to get included and add the residential houses of the petitioners within the territorial jurisdiction of Kodungallur Municiaplity.
2. To declare that Eriyad panchayath has no power or control over the property of the petitioners.
3. To issue writ of ‘Mandamus’ or such other writ or direction, directing the 5th respondent to remove the residential houses and property of the petitioners from the register concerned.
4. To issue writ of ‘Mandamus’ or such other writ or
direction, directing the 3rd respondent to take steps to get included the residential houses of the petitioners within the territorial jurisdiction of Kodungallur Municipality in terms of Exhibit P21.”
2. The learned counsel for the petitioner submits that the
petitioner property does not fall within the jurisdictional limits of the 5th respondent, as the petitioner’s property is situated within the Municipal limits of Kodungallur Municipality. The petitioner has made a representation in Ext.P13 before the 3rd respondent, the Secretary of the said Municipality for including the petitioner’s property within Municipal limit of Kodungallur Municipality, however no decision has been taken till date.
3. Learned counsel for the Panchayath submitted that the panchayat has no objection if the petitioner's property is included within the Municipal limit of Kodungallur Municipality.
4. The learned counsel for the Municipality submits that the
petitioner’s representation (Ext.P3) has been considered by the 3 rd respondent, and a communication has been addressed to the 1 st respondent for taking appropriate decision. However, no further communication has been received by the 1st respondent till date. Considering the aforesaid facts and submissions, the 1 st and 2nd respondent are directed to take decision on Ext.P13 representation of the petitioner expeditiously, preferably within a period of two months. The writ petition is disposed of as above. Sd/- DINESH KUMAR SINGH JUDGE SJ APPENDIX OF WP(C) 4204/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT OF 1ST PETITIONER DATED 08.12.2021. EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT OF 2ND PETITIONER DATED 01.02.2021. EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPT OF 3RD PETITIONER DATED 30.07.2021. EXHIBIT P4 TRUE COPY OF THE PROPERTY TAX RECEIPT OF 4TH PETITIONER DATED 30.12.2020. EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT OF 5TH PETITIONER DATED 20.04.2021. EXHIBIT P6 TRUE COPY OF THE PROPERTY TAX RECEIPT OF 6TH PETITIONER DATED 14.05.2020. EXHIBIT P7 TRUE COPY OF THE BUILDING TAX RECEIPT OF 1ST PETITIONER DATED 02.02.2023. EXHIBIT P8 TRUE COPY OF THE BUILDING TAX RECEIPT OF 2ND PETITIONER DATED 12.02.2021. EXHIBIT P9 TRUE COPY OF THE BUILDING TAX RECEIPT OF 3RD PETITIONER DATED 18.12.2021. EXHIBIT P10 TRUE COPY OF THE BUILDING TAX RECEIPT OF 4TH PETITIONER DATED 22.01.2021. EXHIBIT P11 TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 4TH RESPONDENT BY THE 1ST PETITIONER DATED 18.02.2017. EXHIBIT P12 TRUE COPY OF THE REPLY TO EXHIBIT P11 BY THE 4TH RESPONDENT DATED 22.04.2017. EXHIBIT P13 TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 3RD RESPONDENT BY THE 1ST PETITIONER DATED 13.10.2017. EXHIBIT P14 TRUE COPY OF THE COUNCIL AGENDA OF 3RD RESPONDENT DATED 25.10.2017. EXHIBIT P15 TRUE COPY OF THE LETTER FORWARDED TO 1ST RESPONDENT FROM THE 3RD RESPONDENT DATED 12.12.2017. EXHIBIT P16 TRUE COPY OF THE LETTER FORWARDED BY THE 1ST PETITIONER TO 7TH RESPONDENT DATED 05.11.2019. EXHIBIT P17 TRUE COPY OF THE DIRECTION ISSUED BY THE 7TH RESPONDENT TO 4TH RESPONDENT DATED 05.11.2019. EXHIBIT P18 TRUE COPY OF THE REPRESENTATION SENT TO THE MINISTER FOR LOCAL SELF GOVERNMENT (RURAL DEVELOPMENT) BY THE 1ST PETITIONER. EXHIBIT P19 TRUE COPY OF THE ANSWER GIVEN BY THE 5TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT TO ADV.HASHIM.V.H. DATED 19.02.2022. EXHIBIT P20 TRUE COPY OF THE ANSWER GIVEN BY THE 3RD RESPONDENT UNDER THE RIGHT TO INFORMATION ACT TO ADV.HASHIM.V.H. DATED 23.02.2022. EXHIBIT P21 TRUE COPY OF THE REPRESENTATION SENT TO THE 3RD RESPONDENT BY THE 2ND, 3RD, 4TH, 5TH AND 6TH PETITIONERS DATED 20.07.2022.