Abdul Kareem, vs the Additional Tahsildar (Taluk Surveyor),

Abdul Kareem, vs The Additional Tahsildar (Taluk Surveyor),

Type Court Judgment Court Kerala Decided Oct 01, 2021

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https://sooperkanoon.com/case/1723075

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Citation: sooperkanoon.com/1723075
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Oct 01, 2021
Case Number: WP(C)/29713/2019

Parties & Advocates

Appellant / Petitioner

Abdul Kareem,

Respondent

The Additional Tahsildar (Taluk Surveyor),

Excerpt

.....the construction confirms strictly with the sketch aforementioned. needless to say, on account of the afore directions, ext.p1 in w.p(c)no.32311/2017 will stand set aside. sd/- rr devan ramachandran judge appendix of wp(c) 32311/2017 petitioner exhibits exhibit p1. true copy of the notice dated 07.09.2017 issued by the 1st respondent addressed to the petitioner. exhibit p2. true copy of the reply dated 14.09.2017 sent by the petitioner addressed to the 1st respondent. exhibit p3. true copy of the acknowledgement dated 14.09.2017 issued on behalf of the the 1st respondent evidencing receipt of exhibit p2. exhibit p4. true copy of the casualty ticket issued from the government medical college hospital, manjeri on 08.09.2017. exhibit p5. true copy of the fir registered by the sub inspector of police in condition with crime no.346/2017 of kondotty police station. exhibit p6. true copy of the complaint dated09.09.2017 submitted by the petitioner's wife and daughter before the superintendent of police, malappuram.exhibit p7. true copy of the acknowledgement dated 10.09.2017 issued from the office of the superintendent of police, malappuram. appendix of wp(c) 29713/2019 petitioner exhibits exhibit p1 true copy of the possession certificate dated 27/10/2017 issued by the 2nd respondent. exhibit p2 true copy of the notice dated panchayat addressed to the petitioner. exhibit p3 true copy of the reply dated 14/09/2017 sent by the petitioner addressed to the pulikkal grama panchayat. exhibit p4 true copy of the fir in connection with crime no.346/2017 of kondotty police station. exhibit p5 true copy of the application datedbefore the 1st respondent for fixation of boundary of the petitioner's property mentioned in exhibit p1. exhibit p6 true copy of the interim order passed by this hon'ble court on 01/11/2017 in w.p.(c) no.32311/2017. exhibit p7 true copy of the judgment made in w.p.(c) no.15217/2018 dated 25/05/2018. exhibit p8 true copy of the judgment.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 WP(C) NO. 32311 OF 2017 PETITIONER: ABDUL KAREEM, AGED 60 YEARS, S/O.AHAMMED HAJI, DOOR NO.3/413, AACHARIYIL HOUSE,OLAVATTOOR P.O., PULIKKAL,MALAPPURAM DISTRICT - 673 637. BY ADVS. SRI.N.KRISHNA PRASAD SRI.IMAM GRIGORIOS KARAT RESPONDENTS: 1 PULIKKAL GRAMA PANCHAYAT, PULIKKAL, MALAPPURAM DISTRICT, PIN - 673 637,REPRESENTED BY ITS SECRETARY.
2 THE TAHSILDAR, KONDOTTY TALUK, MALAPPURAM DISTRICT - 673 638. 3 THE ADDITIONAL TAHISILDAR (TALUK SURVEYOR) KONDOTTY - 673 638. 4 THE VILLAGE OFFICER, PULIKKAL VILLAGE, PULIKKAL, MALAPPURAM DISTRICT - 673 637. 5 THE SUPERINTENDENT OF SURVEY AND LAND RECORDS MALAPPURAM - 676 505. BY ADVS. SRI.R.RAMADAS - SC SRI E C BINEESH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, ALONG WITH WP(C).29713/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 WP(C) NO. 29713 OF 2019 PETITIONER: ABDUL KAREEM, AGED 60 YEARS S/O.AHAMMED HAJI, DOOR NO.3/413, AACHARIYIL HOUSE, OLAVATTOOR P.O., PULIKKAL, MALAPPURAM DISTRICT - 673 637.
BY ADVS. SRI.N.KRISHNA PRASAD SRI.IMAM GRIGORIOS KARAT RESPONDENTS: 1 THE ADDITIONAL TAHSILDAR (TALUK SURVEYOR), KONDOTTY - 673 638. 2 THE VILLAGE OFFICER, PULIKKAL VILLAGE, PULIKKAL, MALAPPURAM DITRICT - 673 637. 3 THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, MALAPPURAM - 676 505. 4 SECRETARY, PULIKAL GRAMA PANCHAYATH, MALAPPURAM DISTRICT - 673 634. 5 SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, KONDOTTY, MALAPPURAM DISTRICT - 673 638. 6 DISTRICT POLICE CHIEF, MALAPPURAM, MALAPPURAM DISTRICT - 676 505.
7. NOUFAL M.K, AGED 34 YEARS, S/O MUHAMMED, KOOVATHOTTATHIL HOUSE, MAZHUVANCHERI, P.O. OLAVATHUR, MALAPPURAM, PIN - 673 638
8. ANWAR C.M, AGED 45 YEARS, S/O ALAVI HAJI, CHEKUMPULA HOUSE, MAZHUVANCHERI, P.O. OLAVATTUR, MALAPPURAM, PIN - 673 638
9. ABDUL RAZAK N.P, S/O KUTTIHASSAN, NIMMINIPARAMBAN HOUSE, MAZHUVANCHERI, P.O. OLAVATTUR, MALAPPURAM, PIN - 673 638
10. MUHAMMED SHAFI K., S/O MOIDEEN, KARATHODI HOUSE, MAZHUVANCHERI, P.O. OLAVATTUR, MALAPPURAM, PIN -
11. SAIDALAVI K., S/O MUHAMMED K, CHERUKUNNUMMAL HOUSE, KANDAMKULAVAN, MAZHUVANCHERI, P.O. OLAVATTUR, MALAPPURAM, PIN - 673 638
12. NOUSHAD M.K, S/O MUHAMMED M.K, KOOVATHOTTATHIL HOUSE, MAZHUVANCHERI, P.O. OLAVATTUR, MALAPPURAM, PIN - 673 638 (ADDL RESPONDENTS 7 TO 12 ARE IMPLEADED AS PER

ORDER DATED 01.10.2021 IN I.A.NO.1/2019)

BY ADVS. SRI.R.RAMADAS T.SETHUMADHAVAN (SR.) SMT.PREETHI. P.V. SRI.M.V.BALAGOPAL SRI.E.C.BINEESH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, ALONG WITH WP(C).32311/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The issue in these cases - which have been heard together because they present similar factual circumstances - is as to whether petitioner is encroaching into the pathway owned by the Panchayat. On one hand, the petitioner says that he is only reconstructing an old wall which had been demolished by certain vested interests, pending these matters; while, on the other, the Panchayat maintains that, as per their Asset Register, the pathway has a certain length and width, which has been attenuated at some places because the petitioner has encroached into it.

2. I notice that, seeing the rival position

of the parties, an order had been earlier issued by this Court, directing the Tahsildar, Kondotty, and the jurisdictional Taluk Surveyor, to inspect the area and to conduct a survey; pursuant to which, Ext.P9 report in W.P(C)No.29713/2019, along with its sketch, has been placed on record.

3. When this matter was called today, the

learned counsel for the rival parties were ad idem that if the petitioner constructs the wall strictly in terms of the sketch appended to Ext.P9 in W.P(C)No.29713/2019, there would not be any controversy. In the afore circumstances and since the petitioner also accedes to the afore, I allow these Writ Petitions, directing the Sub Inspector of Police, Kondotty Police Station, to afford adequate and effective protection to the petitioner and his employees, when they construct or reconstruct the compound wall strictly in terms of the sketch appended to Ext.P9 in W.P(C)No.29713/2019. The competent official of the Panchayat will oversee the work, ensuring that the construction confirms strictly with the sketch aforementioned. Needless to say, on account of the afore directions, Ext.P1 in W.P(C)No.32311/2017 will stand set aside. Sd/- RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 32311/2017 PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE NOTICE DATED 07.09.2017 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER. EXHIBIT P2. TRUE COPY OF THE REPLY DATED 14.09.2017 SENT BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT. EXHIBIT P3. TRUE COPY OF THE ACKNOWLEDGEMENT DATED 14.09.2017 ISSUED ON BEHALF OF THE THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P2. EXHIBIT P4. TRUE COPY OF THE CASUALTY TICKET ISSUED FROM THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, MANJERI ON 08.09.2017. EXHIBIT P5. TRUE COPY OF THE FIR REGISTERED BY THE SUB INSPECTOR OF POLICE IN CONDITION WITH CRIME NO.346/2017 OF KONDOTTY POLICE STATION. EXHIBIT P6. TRUE COPY OF THE COMPLAINT DATED

09.09.2017 SUBMITTED BY THE PETITIONER'S WIFE AND DAUGHTER BEFORE THE SUPERINTENDENT OF POLICE, MALAPPURAM.

EXHIBIT P7. TRUE COPY OF THE ACKNOWLEDGEMENT DATED 10.09.2017 ISSUED FROM THE OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM. APPENDIX OF WP(C) 29713/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27/10/2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED PANCHAYAT ADDRESSED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE REPLY DATED 14/09/2017 SENT BY THE PETITIONER ADDRESSED TO THE PULIKKAL GRAMA PANCHAYAT. EXHIBIT P4 TRUE COPY OF THE FIR IN CONNECTION WITH CRIME NO.346/2017 OF KONDOTTY POLICE STATION. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED

BEFORE THE 1ST RESPONDENT FOR FIXATION OF BOUNDARY OF THE PETITIONER'S PROPERTY MENTIONED IN EXHIBIT P1. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 01/11/2017 IN W.P.(C) NO.32311/2017. EXHIBIT P7 TRUE COPY OF THE JUDGMENT MADE IN W.P.

ON 28/11/2018. EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS DATED IN RESPONSE TO EXHIBIT P8 JUDGMENT. EXHIBIT P10 TRUE COPY OF THE REQUEST DATED THE 3RD RESPONDENT SEEKING POLICE PROTECTION. EXHIBIT P11 TRUE COPY OF THE ACKNOWLEDGMENT DATED RESPONDENT'S OFFICE TO THE PETITIONER EVIDENCING RECEIPT OF EXHIBIT P10. RESPONDENT EXHIBITS EXHIBIT R4 A TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER OF THE PULIKKAL GRAMA PANCHAYATH

Same Court & Year Kerala · 2021 Same Parties Abdul Kareem, vs The Additional Tahsildar (Taluk Surveyor), Same Judge Honourable Mr. Justice Devan Ramachandran