Nandakumar a vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 21, 2023

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Citation: sooperkanoon.com/1334445
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 21, 2023
Case Number: WP(C)/2655/2023

Parties & Advocates

Appellant / Petitioner

Nandakumar a

Respondent

State of Kerala

Excerpt

.....wp(c) nos.32531 & 17130 of 2022 & 2655 of 2023 7 these writ petitions are disposed of, with the afore directions. sd/- gopinath p. judge ajt wp(c) nos.32531 & 17130 of 2022 & 2655 of 2023 8 appendix of wp(c) 2655/2023 petitioner exhibits exhibit p1 true copy of the title deed of the first petitioner's property dated 30/3/1983 exhibit p2 true copy of the tax receipt of the 1st petitioner's property dated 12/5/2022 exhibit p3 true copy of the title deed of the 2nd petitioner's property dated 16/10/1993 exhibit p4 true copy of land tax receipt of the 2nd petitioner's property dated 06/05/2022 exhibit p5 true copy of the ownership certificate of the 2nd petitioner's property dated 07/08/2012 exhibit p6 true copy of the property tax on residential building and government tax receipt received from meloor grama panchayat, thrissur dated 31.10.2022 exhibit p7 true copy of the notice issued to the 1st petitioner by 5th respondent dated 05/12/2022 exhibit p8 true copy of the notice issued to the 2nd petitioner by 5th respondent dated 29/11/2022 exhibit p9 true copy of the application submitted by the 1st petitioner under the right to lnformation act dated 16/12/2022 exhibit p10 true copy of the representation submitted by the 1 st petitioner before the 2nd respondent dated 03/01/2023. exhibit p11 true copy of the representation submitted by the 1st petitioner before the 4th respondent dated 03/01/2023. exhibit p12 true copy of the representation submitted by the 1st petitioner before the 5th respondent dated 03/01/2023. exhibit p13 true copy of the representation submitted by the 1st petitioner before the 2nd respondent dated nil. exhibit p14 true copy of the letter given by the 2nd respondent to the tahsildar chalakudy dated 11.11.2022. exhibit p15 true copy of the letter given by the 2nd respondent to the 4th respondent dated 13.11.2022 exhibit p16 true copy of the reply obtained under the right to information act dated.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 WP(C) NO. 32531 OF 2022 PETITIONER/S:
1 POULOSE C L, AGED 66 YEARS S/O C.O. LONAPPAN, CHUNGAN HOUSE, MELOOR P.O, CHALAKUDY, PIN - 680311 2 K .M MATHEW, AGED 85 YEARS S/O MATHUNNY,KAITHARAN HOUSE, MELOOR PO CHALAKUDY, PIN - 680311 3 VINCENT D PAUL @ PAUL THEKKAN MACHAMPILLY AGED 65 YEARS, S/O ANTONY, THEKKAN HOUSE, MELOOR P.O, CHALAKUDY, PIN - 680311 4 BABU JOSEPH PUTHANANGADI, AGED 60 YEARS S/O LATE P.P. JOSEPH, KSTRC ROAD, CHALAKUDY, THRISSUR, KERALA .SECRETARY OF SAN MARIA JUSTICE FORUM, LIONS CLUB HALL ROAD, CHALAKUDY, PIN - 680307 BY ADVS. ASHA BABU S.MUMTAZ
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF PUBLIC WORKS, 1 ST FLOOR, MAIN BLOCK , SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 DISTRICT COLLECTOR, THRISSUR DISTRICT, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003 3 THE DIRECTOR, THE DIRECTORATE OF SURVEY AND LAND RECORDS,SURVEY BHAVAN, COTTON HILL ROAD, COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM., PIN - 695014 4 THE DISTRICT SURVEY SUPERINTENDENT DISTRICT SURVEY SUPERINTENDENT OFFICE, COLLECTORATE, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003 5 EXECUTIVE ENGINEER, KRFB-PMU, ERNAKULAM-THRISSUR DIVISION, 2ND FLOOR, PWD BUILDING COMPLEX, MAMANGALAM, EDAPALLY, ERNAKULAM, PIN - 682024
SMT. C S SHEEJA (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, ALONG WITH WP(C).2655/2023, 17130/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 WP(C) NO. 2655 OF 2023 PETITIONER/S: 1 NANDAKUMAR A, AGED 62 YEARS S/O. E KUMARA MENON, ETTUVEETIL HOUSE, POOLANI, MELOOR P O, CHALAKUDY, PIN - 680311 2 DEVARAJAN T.S, AGED 57 YEARS S/O. SUBRAMANYAN, THATHUPARA HOUSE, ADICHILI, KUNNAPILLY P O, CHALAKUDY., PIN - 680311 BY ADV ASHA BABU RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF PUBLIC WORKS,1st FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR, THRISSUR DISTRICT, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE THRISSUE, KERALA, PIN - 680003 3 THE DIRECTOR, THE DIRECTORATE OF SURVEY AND LAND RECORDS, SURVEY BHAVAN, COTTON HILL ROAD, COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM., PIN - 695014 4 THE DISTRICT SURVEY SUPERINTENDENT DISTRICT SURVEY SUPERINTENDENT OFFICE, COLLECTORATE, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003 5 EXECUTIVE ENGINEER, KRFB-PMU, ERNAKULAM - THRISSUR DIVISION, 2ND FLOOR PWD BUILDING COMPLEX, MAMANGALAM, EDAPALLY, ERNAKULAM., PIN - 682024 SMT.C. S. SHEEJA , SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.02.2023, ALONG WITH WP(C).32531/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 WP(C) NO. 17130 OF 2022 PETITIONER/S:
1 POULOSE A.O., AGED 60 YEARS SON OF OUSEPH, ATTOKARAN HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR DISTRICT, KERALA., PIN - 680311 2 VARGHESE P.P., AGED 68 YEARS SON OF P V POULOSE, PAYYAPPILLY HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR DISTRICT, KERALA., PIN - 680311 3 ANTO, AGED 63 YEARS SON OF PAULOSE, PAYYAPPILLY HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR DISTRICT, KERALA., PIN - 680311 4 BABY PAUL, AGED 53 YEARS SON OF PAULOSE, PAYYAPPILLY HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR DISTRICT, KERALA., PIN - 5 GEORGE P.J., AGED 56 YEARS SON OF JOSEPH, PAYYAPPILLY HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR DISTRICT, KERALA., PIN - 680311 6 DENNY JOHN, AGED 50 YEARS, SON OF LONAPPAN, THEKKAN HOUSE, HOSE NO. XIII/466 OF MELOOR PANCHAYATH, MELUR VILLAGE AND POST, KALADY DESOM, THRISSUR, KERALA., PIN - 680311 7 BINDHU JAMES, AGED 53 YEARS WIFE OF JAMES, MAAMBABILLY HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR, KERALA., PIN - 680311 8 PHILOMINA K.O., AGED 74 YEARS WIFE OF GEORGE, MANJALY HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR, KERALA., PIN - 680311 9 JEO RAPHEL, AGED 52 YEARS, SON OF RAPPAI, NAZHIAMBARA HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR, KERALA., PIN - 680311
WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023 4
10 P V JOSE, AGED 64 YEARS, SON OF P V VARKEY, PARAKKADAN HOUSE, OKKAL, CHELAMATTOM (PART), ERNAKULAM, KERALA., PIN - 683550 11 JACOB M.K., AGED 76 YEARS SON OF KUNJIPYLO, MOOTHEDAN HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR, KERALA., PIN - 680311 12 JOHNSON M.K., AGED 55 YEARS SON OF KURIAKKU, MELEDAN HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR, KERALA., PIN - 680311 13 THOMAS M.K., AGED 54 YEARS SON OF KURIAKKU, MELEDAN HOUSE, MELUR VILLAGE, DESOM AND POST, THRISSUR, KERALA., PIN - 680311 BY ADVS. SHIBIN K.F. SEBY JOSEPH SHOBY K.FRANCIS
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,OFFICE OF THE COLLECTOR, THE COLLECTORATE, AYYANTHOSE, THRISSUR, KERALA, PIN - 680 003 2 THE DIRECTOR OF THE DIRECTORATE OF SURVEY AND LAND RECORDS SURVEY BHAVAN, COTTON HILL RD, COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM., PIN - 695014 3 THE DISTRICT SURVEY SUPERINTENDENT, THE DISTRICT SURVEY SUPERINTENDENT OFFICE, THE COLLECTORATE, AYYANTHOLE, THRISSUR, KERALA., PIN - 680003 4 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, KERALA ROAD FUND BOARD - PMU, ERNAKULAM/THRISSUR DIVISION, 2ND FLOOR OF PWD BUILDINGS DIVISION, MAMANGALAM, EDAPPALLY, ERNAKULAM DISTRICT, KERALA STATE, PIN -682024 (IS IMPLEADED AS ADDL. R4 AS PER ORDER DATED 12.08.2022 IN I.A.4/2022 IN WP(C) 17130/2022.) BY ADV SHIBIN K.F. SMT. C.S. SHEEJA, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.02.2023, ALONG WITH WP(C).32531/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023 5

JUDGMENT

[WP(C) Nos.32531/2022, 2655/2023, 17130/2022] Petitioners in these writ petitions have approached this Court, being aggrieved by the fact that certain notices have been issued to the petitioners under the provisions of the Kerala Highway Protection Act, 1999, on the premise that they have encroached into road puramboke .

2. Learned counsel appearing for the petitioners in these

writ petitions would submit that the petitioners have not encroached into the road puramboke and the unilateral decision of the authorities in issuing notices, alleging encroachment, are unsustainable in law.

3. Learned Senior Government Pleader, on instructions,

would submit that the District Survey Superintendent or any officer authorised by him may be directed to conduct a survey and measurement of the properties in question, with notice to the petitioners in these writ petitions so as to determine whether there is any encroachment. It is submitted that the proceedings under the Highway Protection Act can be kept in abeyance till the survey is completed. WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023 6

4. Having heard the learned counsel appearing for the

petitioners in these cases and the learned Senior Government Pleader appearing for the respondents, these writ petitions will stand disposed of, directing the District Survey Superintendent, Thrissur District to conduct a survey and measurement of the properties belonging to the petitioners with notice to the petitioners and to the Highway authority concerned. The petitioners shall be permitted to produce such documents as may be necessary before the officer conducting the survey to establish their claims. The proceedings initiated against the petitioners under the provisions of the Highway Protection Act shall be continued only after the survey is completed and only if it is found that the petitioners are in unauthorised occupation of any road puramboke. The District Survey Superintendent, Thrissur shall endeavour to complete the proceedings either by himself or through an officer authorised by him, within a period of two months from the date of receipt of a certified copy of this judgment. It is also directed that pending the completion of survey and measurement, as directed above, the petitioners shall not put up any constructions, either temporary or permanent, on the land in respect of which there is allegation of encroachment. WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023 7 These writ petitions are disposed of, with the afore directions. sd/- GOPINATH P. JUDGE ajt WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023 8 APPENDIX OF WP(C) 2655/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TITLE DEED OF THE FIRST PETITIONER'S PROPERTY DATED 30/3/1983 Exhibit P2 TRUE COPY OF THE TAX RECEIPT OF THE 1ST PETITIONER'S PROPERTY DATED 12/5/2022 Exhibit P3 TRUE COPY OF THE TITLE DEED OF THE 2ND PETITIONER'S PROPERTY DATED 16/10/1993 Exhibit P4 TRUE COPY OF LAND TAX RECEIPT OF THE 2ND PETITIONER'S PROPERTY DATED 06/05/2022 Exhibit P5 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE 2ND PETITIONER'S PROPERTY DATED 07/08/2012 Exhibit P6 TRUE COPY OF THE PROPERTY TAX ON RESIDENTIAL BUILDING AND GOVERNMENT TAX RECEIPT RECEIVED FROM MELOOR GRAMA PANCHAYAT, THRISSUR DATED 31.10.2022 Exhibit P7 TRUE COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER BY 5TH RESPONDENT DATED 05/12/2022 Exhibit P8 TRUE COPY OF THE NOTICE ISSUED TO THE 2ND PETITIONER BY 5TH RESPONDENT DATED 29/11/2022 Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER UNDER THE RIGHT TO LNFORMATION ACT DATED 16/12/2022 Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1 ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 03/01/2023. Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 03/01/2023. Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 03/01/2023. Exhibit P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL. Exhibit P14 TRUE COPY OF THE LETTER GIVEN BY THE 2ND RESPONDENT TO THE TAHSILDAR CHALAKUDY DATED 11.11.2022. Exhibit P15 TRUE COPY OF THE LETTER GIVEN BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 13.11.2022 Exhibit P16 TRUE COPY OF THE REPLY OBTAINED UNDER THE RIGHT TO INFORMATION ACT DATED 16.082022 WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023 9 APPENDIX OF WP(C) 17130/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF FORM NO.8 APPLICATION OF THE PETITIONERS, EXCEPT OF THE 10TH PETITIONER, DATED 25-02-2021 Exhibit P2 A TRUE COPY OF RECEIPT OF EXHIBIT P1 BY THE 3RD RESPONDENT DATED 25-02-2021 Exhibit P3 A TRUE COPY OF THE TAX RECEIPT OF THE 1ST PETITIONER FOR THE PERIOD 2022 DATED 27/04/2022 Exhibit P4 A TRUE COPY OF THE TAX RECEIPT OF THE 2ND PETITIONER FOR THE PERIOD 2022-2023 DATED 30- 04-2022 Exhibit P5 A TRUE COPY OF THE TAX RECEIPT OF THE 3RD PETITIONER FOR THE PERIOD 2022-2023 DATED 17- 05-2022

Exhibit P6                      A TRUE COPY OF THE TAX RECEIPT OF THE 4TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 17-05Exhibit P7                      A TRUE COPY OF THE TAX RECEIPT OF THE 5TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 27-04Exhibit P8                      A TRUE COPY OF THE TAX RECEIPT OF THE 6TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 26-04Exhibit P9                      A TRUE COPY OF THE TAX RECEIPT OF THE 7TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 26-04Exhibit P10                     A TRUE COPY OF THE TAX RECEIPT OF THE 8TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 23-05Exhibit P11                     A TRUE COPY OF THE TAX RECEIPT OF THE 9TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 30-04Exhibit P12                     A TRUE COPY OF THE TAX RECEIPT OF THE 10TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 13-05Exhibit P13                     A TRUE COPY OF THE TAX RECEIPT OF THE 11TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 25-04Exhibit P14                     A TRUE COPY OF THE TAX RECEIPT OF THE 12TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 05-05Exhibit P15                     A TRUE COPY OF THE TAX RECEIPT OF THE 13TH
                                PETITIONER FOR THE PERIOD 2022-2023 DATED 05-05WP(C) Nos.32531 & 17130 of 2022 & 2655 of 2023   10

APPENDIX OF WP(C) 32531/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED OF THE 1ST PETITIONER'S PROPERTY DATED 18.7.1984 Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT OF THE 1ST PETITIONER'S PROPERTY DATED 23.05.2022 Exhibit P3 TRUE COPY OF THE SALE DEED OF THE 2ND PETITIONER'S PROPERTY. Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT OF THE 2ND PETITIONER'S PROPERTY DATED 25.6.2022. Exhibit P5 TRUE COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER BY THE 5TH RESPONDENT DATED 19.5.2022 Exhibit P6 TRUE COPY OF THE NOTICE ISSUED TO THE 2ND PETITIONER BY THE 5TH RESPONDENT DATED 6.6.2022 Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 29.8.2022 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 29.8.2022 SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 29.8.2022 SUBMITTED BY THE 1ST PETITIONER TO THE 5TH RESPONDENT. Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER TO THE 4TH RESPONDENT DATED 29.8.2022 Exhibit P11 TRUE COPY OF THE REPRESENTATION 4TH PETITIONER TO THE 2ND RESPONDENT DATED 29.8.2022 Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 29.8.2022 SUBMITTED BY 4TH PETITIONER TO THE 4TH RESPONDENT. Exhibit P13 TRUE COPY OF THE REPLY OBTAINED TO THE 2ND PETITIONER UNDER THE RIGHT TO INFORMATION ACT DATED 16.08.2022

Same Court & Year Kerala · 2023 Same Parties Nandakumar a vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.