Antony Devassy vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2023

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https://sooperkanoon.com/case/1342430

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Citation: sooperkanoon.com/1342430
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 28, 2023
Case Number: WP(C)/6813/2023

Parties & Advocates

Appellant / Petitioner

Antony Devassy

Respondent

State of Kerala

Excerpt

.....are also sought to direct respondents 2 and 3 to continue with the construction of the wall around the pond only after demarcating the properties of petitioner and puramboke property of the chira.2. the learned standing counsel appearing for respondents 2 and 3submits that the properties of the petitioner are in survey nos.727/1 and 728/7 and that the chira puramboke is clearly demarcated from the petitioner’s properties. it is submitted that there was an earlier suit between the parties which was dismissed since the properties of the panchayat and chira puramboke were clearly demarcated and there was no encroachment into the petitioner’s property. it is submitted that the construction is being carried out by respondents 2 and 3 only in the chira puramboke. it is further contended that respondents 2 and 3 are fully entitled to carry out the construction activities in the chira puramboke without encroaching into the petitioner’s properties. recording the said submissions, this writ petition is closed. sd/- anu sivaraman judge np appendix of wp(c) 6813/2023 petitioner’s exhibits exhibit p1 true copy of the settlement deed no.2237/1993 dated 11.05.1993 exhibit p2 true copy of the latest tax receipt issued to the petitioner dated 07.06.2022 exhibit p3 true copy of the photographs taken by the petitioner respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 PETITIONER: ANTONY DEVASSY AGED 70 YEARS S/O DEVASSY, THEKKAN HOUSE, MELOOR VILLAGE, THRISSUR DISTRICT, PIN - 680311 BY ADV RAPHAEL THEKKAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY IT'S SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, 4TH FLOOR, ANNEX I, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 MELOOR GRAMA PANCHAYAT, THRISSUR REP. BY ITS SECRETARY, MELOOR EZHATUMUGHAM ROAD, 3 SECRETARY MELOOR GRAMPANHAYATH, MELOOR EZHATUMUGHAM ROAD, SRI.PAULSON P.V., SC SRI.P.S.APPU, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 28th day of February, 2023 This writ petition is filed seeking directions to respondents 2 and 3 not to make any construction encroaching into the petitioner’s property. Directions are also sought to direct respondents 2 and 3 to continue with the construction of the wall around the pond only after demarcating the properties of petitioner and puramboke property of the chira.

2. The learned standing counsel appearing for respondents 2 and 3

submits that the properties of the petitioner are in Survey Nos.727/1 and 728/7 and that the chira puramboke is clearly demarcated from the petitioner’s properties. It is submitted that there was an earlier suit between the parties which was dismissed since the properties of the Panchayat and chira puramboke were clearly demarcated and there was no encroachment into the petitioner’s property. It is submitted that the construction is being carried out by respondents 2 and 3 only in the chira puramboke. It is further contended that respondents 2 and 3 are fully entitled to carry out the construction activities in the chira puramboke without encroaching into the petitioner’s properties. Recording the said submissions, this writ petition is closed. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 6813/2023 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.2237/1993 DATED 11.05.1993 EXHIBIT P2 TRUE COPY OF THE LATEST TAX RECEIPT ISSUED TO THE PETITIONER DATED 07.06.2022 EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS TAKEN BY THE PETITIONER RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2023 Same Parties Antony Devassy vs State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman