Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944 WP(C) NO. 32839 OF 2019 PETITIONER UNNIKRISHNAN, AGED 52 YEARS S/O. RAJAN, VARAVATTOOR HOUSE, MULLOORKKARA P.O., THRISSUR DISTRICT. BY ADVS. A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: 1 THE SUB INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION, THRISSUR-680582. 2 SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CHEMPUKKAVU, THRISSUR, PIN-680020. 3 OFFAR P.S., S/O. SAITHUMUHAMMED, PUTHENKULAM HOUSE, KUMARANELLUR P.O., PARUTHIPARA DESOM, THRISSUR DISTRICT, PIN-680590. SMT. DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, WP(C) NO. 23029 OF 2020 PETITIONER UNNIKRISHNAN AGED 52 YEARS S/O.RAJAN, VARAVATTOOR HOUSE, MULLOORKKARA P.O., THRISSUR DISTRICT. BY ADVS. A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS:
1 THE DISTRICT COLLECTOR COLLECTORATE, THRISSUR, PIN-680003. 2 THE DISTRICT SURVEY SUPERINTENDENT, OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE, AYYANTOLE, PIN-680003. 3 THE TAHSILDAR (LAND RECORDS), THALAPPILLY TALUK, THRISSUR, PIN-680022. 4 TALUK SURVEYOR, THALAPPILLY TALUK OFFICE, THRISSUR, PIN-680022. 5 THE VILLAGE OFFICER, MULLOORKKARA VILLAGE OFFICE, PIN-680583. 6 OFFAR P.S., S/O.SAITHUMUHAMMED, PUTHENKULAM HOUSE, KUMARANELLUR P.O., PARUTHIPARA DESOM, THRISSUR DISTRICT, PIN-680590.
ADV.DEEPA NARAYANAN- SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, WP(C) NO. 25686 OF 2020 PETITIONER: UNNIKRISHNAN AGED 52 YEARS S/O.RAJAN, VARAVATTOOR HOUSE, MULLOORKKARA P.O., THRISSUR DISTRICT. BY ADVS. A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM, PIN-695 001. 3 THE DISTRICT COLLECTOR, THRISSUR, PIN-680 003. 4 THE SENIOR GEOLOGIST, DISTRICT MINING AND GEOLOGY DEPARTMENT, CHEMPUKKAVU, THRISSUR DISTRICT, PIN-682 020. 5 THE THAHSILDAR, THALAPPILLY TALUK, THRISSUR, PIN-680 582. 6 THE VILLAGE OFFICER, MULLURKARA VILLAGE OFFICE, PIN-680 583.
7 THE STATION HOUSE OFFICER, WADAKKANCHERY POLICE STATION, THRISSUR-680 582. 8 OFFAR.P.S. S/O.SAITHUMUHAMMED, PUTHENKULAM HOUSE, KUMARANELLUR P.O., PARUTHIPARA DESOM, THRISSUR DISTRICT, PIN-680 590. BY ADVS. J.R.PREM NAVAZ SUMEEN S. SMT.DEEPA NARAYANAN- SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, WP(C) NO. 10100 OF 2021 PETITIONER UNNIKRISHNAN AGED 52 YEARS S/O. RAJAN, VARAVATTOOR HOUSE, MULLOORKKARA P.O., THRISSUR DISTRICT. BY ADVS. A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS:
1 THE CHIEF TOWN PLANNER OFFICE OF THE CHIEF TOWN PLANNER, SWARAJ BHAVAN, II FLOOR, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003. 2 THE DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE PANCHAYATH DEPUTY DIRECTOR, KALYAN NAGAR, AYYANTHOLE P.O., THRISSUR, PIN-680003. 3 MULLOORKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MULLOORKKARA GRAMA PANCHAYATH OFFICE, MULLOORKKARA P.O., THRISSUR, PIN-680583. 4 OFFAR P.S., S/O. SAITHUMUHAMMED, PUTHENKULAM HOUSE, KUMARANELLUR P.O., PARUTHIPARA DESOM, THRISSUR DISTRICT, PIN-680590.
BY ADV P.C.SASIDHARAN SMT. DEEPA NARAYANAN - SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, WP(C) NO. 26276 OF 2022 PETITIONER UNNIKRISHNAN V.R., AGED 53 YEARS S/O. VARAVATOOR RAJAN, MULLUKKARA P.O., S.N. NAGAR, THRISSUR-680583. BY ADVS. K.R.ARUN KRISHNAN JISSMON A KURIAKOSE DEEPA K.RADHAKRISHNAN RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, THIRUVANANTHAPURAM-695001. 2 ASSISTANT EXECUTIVE ENGINEER, PWD, VADAKKANCHERRY, THRISSUR-680582. 3 THE DISTRICT COLLECTOR, THRISSUR-680003. 4 THE TAHSILDAR, THALAPPILLY TALUK, THRISSUR-680582. 5 THE VILLAGE OFFICER, MULLAKARA VILLAGE OFFICE, THRISSUR-680583. 6 MULLOORKKARA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MULLOORKKARA, THRISSUR-680583.
7 OFFAR P.S., S/O. SAITHU MUHAMMED, PUTHENMULLY HOUSE, KUMARENELLOR P.O., PARUTHIPARA, THRISSUR-680590. SMT.DEEPA NARAYANAN SR.GP SRI. P.C.SASIDHARAN - R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH WP(C).10100/2021, DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, WP(C) NO. 24747 OF 2022 PETITIONER UNNIKRISHNAN VR. AGED 53 YEARS S/O VARAVATOOR RAJAN, MULLUKKARA PO, SN NAGAR, THRISSUR, 680583 BY ADVS. K.R.ARUN KRISHNAN DEEPA K.RADHAKRISHNAN JISSMON A KURIAKOSE RESPONDENTS:
1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, THIRUVANATHAPURAM 695001 2 KERALA STATE DISASTER MANAGEMENT AUTHORITY VIKAS BHAVAN, P.O, OBSERVATORY HILLS, OPPOSITE KANAKAKKUNNU PALACE, NANTHANCODU, THIRUVANANTHAPURAM, KERALA 695033 3 CHIEF SECRETARY TO GOVERNMENT GOVERNMENT OF KERALA 7/2176, NEAR PAREEKSHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM-12 4 THE DISTRICT COLLECTOR, THRISSUR, PIN-680 003 5 THE SENIOR GEOLOGIST, DISTRICT MINING AND GEOLOGY DEPARTMENT, CHEMPUKKAVU THRISSUR DISTRICT, PIN-682 020
6 THE THAHASILDAR THALAPPILLY TALUK, THRISSUR, PIN 680582 7 THE VILLAGE OFFICER MULLAKARA VILLAGE OFFICE 680583 THRISSUR DISTRICT. 8 MULLAKARA PANCHAYATH REPRESENTED BY ITS SECRETARY MULLURKKARA 680583 THRISSUR DISTRICT 9 THE STATION HOUSE OFFICER WADAKKANCHERRY POLICE STATION. THRISSUR 680582 10 OFFAR. PS S/O SAITHU MUHAMMED PUTHENMULLY HOUSE, KUMARANELLOR PO PARUTHIPARA THRISSUR 680590 BY ADV P.C.SASIDHARAN SMT. DEEPA NARAYANAN - SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH WP(C).26276/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
[WP(C) Nos.32839/2019, 23029 & 25686 of 2020 Dated this the 23rd day of November, 2022 These writ petitions have been filed seeking remedial measures against the alleged encroachment made by the 10 th respondent in W.P.(C) No.24727 of 2022, by constructing a Petroleum Fuel Retail Outlet abutting the National Highway, at Mullurkkara Village of Thalappilly Taluk in Thrissur District.
2. Senior Government Pleader submits that on receipt
of the complaints, the Taluk Surveyor conducted a survey and found that there is certain extent of encroachment. As the Local Self Government Institutions are the competent authorities now to take proceedings against encroachments, under the Kerala Land Conservancy Act, the Secretary to the Mullurkkara Panchayat has been directed to initiate proceedings under Act. Senior Government Pleader, however, would submit that the 2nd respondent in W.P.(C) No.26276 of 2022, after verification, has found that there is no encroachment over the PWD road.
3. Standing Counsel for the Mullurkkara Panchayat
submits that in view of the directions from the Government, the Panchayat is ready to hear the parties and to initiate proceedings under the Kerala Land Conservancy Act and take a decision after giving opportunity of hearing to the affected parties. However, the Standing Counsel submitted that for removal of any alleged encroachment, a proper demarcation will have to be necessarily done by the Village Officer.
4. The counsel representing the 10th respondent in
W.P.(C) No.24747 of 2022 would submit that he has not encroached any piece of land and if any encroachment is found, the 10th respondent has no objection in respondents removing the same.
5. In view of the facts as stated above and the stand
taken by the parties to these writ petitions, the writ petitions are disposed of with the following directions:- 1) The Secretary to the Mullurkara Grama Panchayat is directed to initiate proceedings under the Kerala Land Conservancy Act and bring the proceedings to its logical conclusion, after giving opportunity of hearing to affected parties. 2) The Village Officer is directed to demarcate the boundary of the road so as to identify encroached portion, if any. The Village Officer shall make the demarcation, within a period of one month. Sd/- N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 32839/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS 522/2017 DATED 10/08/2017 OF THE MUNSIFF COURT, WADAKKANCHERY. EXHIBIT P2 TRUE COPY OF TH ORDER DATED 10/08/2017 IN IA 2056/2017 IN OS 522/2017 OF THE MUNSIFF COURT, WADAKKANCHERY. EXHIBIT P3 TRUE COPY OF THE LETTER DATED TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED EXHIBIT P5 TRUE COPY OF THE IA 2288/2019 IN OS EXHIBIT P6 TRUE COPY OF THE COMMISSION REPORT
ALONG WITH THE SKETCH DATED 11/11/2019.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED EXHIBIT P9 PHOTOGRAPHS SHOWING THE WORK IN THE
PROPERTY OF THE 3RD RESPONDENT. RESPONDNET’S EXHIBITS : NIL APPENDIX OF WP(C) 23029/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 10.8.2017 IN I.A.2056/2017 IN O.S.522/2017 ON THE MUNSIFF COURT, WADAKKANCHERY. EXHIBIT P2 TRUE COPY OF THE BASIC TAX REGISTER OF THE PROPERTIES IN QUESTION. EXHIBIT P3 TRUE COPY OF THE SKETCH PREPARED BY THE PRIVATE SURVEYOR BASED ON SURVEY RECORDS. EXHIBIT P4 TRUE COPY OF THE COMPLAINT GIVEN TO THE 1ST RESPONDENT DATED 26.11.2019. EXHIBIT P5 TRUE COPY OF THE RECEIPTS OF THE COMPLAINT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 23.12.2019. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 12.12.2019. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 13.3.2020 IN WP(C) 6803/2020. EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 20.8.2020 IN WP(C) 6803/2020. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 17.5.2019. Exhibit P11 TRUE COPY OF THE ENCROACHMENT SKETCH OBTAINED BY THE PETITIONER UNDER R.T.I ACT DATED 4/3/2021
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED Exhibit P13 TRUE COPY OF THE COMPLAINT DATED RESPONDENT’S EXHIBITS NIL
APPENDIX OF WP(C) 25686/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 10.08.2017 IN IA NO.2056/2017 IN OS WADAKKANCHERY. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 25.08.2017. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 01.03.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 04.05.2019. EXHIBIT P5 TRUE COPY OF THE STOP MEMO DATED 29.11.2019. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 20.08.2020 IN WPC 6803/2020. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16.10.2020. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 04.09.2020. RESPONDENT’S EXHIBITS EXHIBIT R8 (1) THE TRUE COPY OF THE LETTER OF APPOINTMENT ISSUED TO THE PETITIONER DATED 22.01.2015 EXHIBIT R8 (2) TRUE COPY OF THE NOC ISSUED TO THIS RESPONDENT BY THE CHIEF TOWN PLANNER EXHIBIT R8(3) THE TRUE COPY OF THE NOC ISSUED TO THIS RESPONDENT BY THE ADDITIONAL DISTRICT MAGISTRATE EXHIBIT R8(40 TRUE COPY OF THE NOC ISSUED TO THIS RESPONDENT BY THE EXPLOSIVE DEPARTMENT EXHIBIT R8(5) TRUE COPY OF THE NOC ISSUED TO THIS RESPONDENT BY THE EXPLOSIVE DEPARTMENT EXHIBIT R8(6) TRUE COPY OF THE NOC ISSUED TO THIS RESPONDENT BY THE ELECTRICAL INSPECTORATE EXHIBIT R8(7) TRUE COPY OF THE NOC ISSUED TO THIS RESPONDENT BY THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT EXHIBIT R8(8) TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE SECRETARY, MULLAKKARA GRAMA PANCHAYAT DATED 31.08.2019 EXHIBIT R8(9) TRUE COPY OF THE ORDER DATED
09.04.2021 IN I.A.NO.2277 AND I.A.NO.6 OF 2021 IN O.S.NO.522 OF 2017 PASSED BY THE COURT OF MUNSIFF WADAKKANCHERRY
EXHIBIT R8(10) TRUE COPY OF THE ORDER BEARING NO.3011/C2/TDO/19 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 18.02.2020 APPENDIX OF WP(C) 10100/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C) EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 28.11.2019 BEFORE THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 16.12.2020 IN WP(C) 18121/2020. EXHIBIT P4 TRUE COPY OF THE INTIMATION LETTER DATED 21.1.2021 FORWARDED BY THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ENCROACHMENT SKETCH OBTAINED UNDER R.T.I. ACT. EXHIBIT P6 TRUE COPY OF THE COMPLAINT GIVEN TO THE 3RD RESPONDENT DATED 12.3.2021. EXHIBIT P7 TRUE COPY OF THE COMPLAINT GIVEN TO THE 2ND RESPONDENT DATED 18.3.2021.
Exhibit P8 TRUE COPY OF THE ORDER
NO.C2/11627/2016/D.DIS ISSUED FROM THE 1ST RESPONDENT DATED 9/12/2016 Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER R.T.I.ACT BEFORE THE MULLURKKARA GRAMA PANCHAYATH Exhibit P10 TRUE COPY OF THE REPLY DATED 21/4/2022 UNDER R.T.I.ACT FROM THE 3RD RESPONDENT Exhibit P11 TRUE COPY OF THE DOCUMENTS OBTAINED FROM THE MULLURKKARA GRAMA PANCHAYATH UNDER R.T.I.ACT DATED NIL Exhibit P12 TRUE COPY OF THE COMPLAINT DATED RESPONDENT Exhibit P13 TRUE COPY OF THE COMPLAINT GIVEN TO THE PANCHAYATH DIRECTOR THIRUVANANTHAPURAM DATED 20/5/2022 APPENDIX OF WP(C) 24747/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOC FROM ADDITIONAL DISTRICT MAGISTRATE 28/09/2015 Exhibit P2 THE TRUE COPY OF REPORT OF ASSISTANT ENGINEER, MULLORKKARA GRAMA PUNCHAYATH DATED 2/08/2019, GRANTING PERMIT FOR THE CONSTRUCTION Exhibit P3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY MULLORKKARA PANCHAYATH DATED Exhibit P4 THE TRUE COPY OF NOC ISSUED BY ADDL. DISTRICT MAGISTRATE Exhibit P5 TRUE COPY OF THE ORDER DATED 24/06/2021 OF THE TALUK THAHASILDAR, THALAPALLY Exhibit P6 THE TRUE COPY OF ENCROACHMENT SKETCH DATED 05/05/2021 SHOWING THE ENCROACHMENT OF THE RESPONDENT Exhibit P7 TRUE COPY OF COMPLAINT BEFORE DISTRICT COLLECTOR DATED 13/11/2021 Exhibit P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 8/4/2022 ISSUED BY MULLURKKARA VILLAGE OFFICE Exhibit P9 THE JC/1332/2022 LETTER DATED 6/04/2022 WHICH INCLUDES THE REPORT OF ASSISTANT ENGINEER, ISSUED BY MULOORKKARA GRAMA PANCHAYATH Exhibit P10 TRUE COPY OF COMPLAINT DATED 24/06/2022 BEFORE DISTRICT GEOLOGY OFFICER Exhibit P11 TRUE COPY OF ORDER DATED 15/06/2022 OF DISTRICT GEOLOGIST Exhibit P12 TRUE COPY OF THE COMPLAINT DATED SECRETARY RESPONDENT EXHIBITS Exhibit R8(a) TRUE COPY OF THE ENCROACHMENT SKETCH FURNISHED TO THE PANCHAYAT BY THE SURVEY DEPARTMENT Exhibit R8(b) TRUE COPY OF THE NOTICE DATED 15/9/2022 ISSUED BY THE PANCHAYAT TO THE 10TH RESPONDENT Exhibit R8(c) TRUE COPY OF THE LETTER DATED 27/10? 20222 ISSUED BY THE PANCHAYAT TO THE VILLAGER OFFICER APPENDIX OF WP(C) 26276/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ENCROACHMENT SKETCH DATED 05.05.2021 PREPARED BY THE TALUK SURVEYOR SHOWING THE ENCROACHMENT MADE BY THE 7TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE ORDER DATED 24.06.2021 OF THE TALUK THAHSILDAR, THALAPALLY Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 6TH RESPONDENT DATED 28.10.2021 Exhibit P4 THE TRUE COPY OF REPRESENTATION DATED 25.05.2022 PREFERRED BEFORE ASSISTANT ENGINEERING PWD RESPONDENT EXHIBITS : NIL