Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 WP(C) NO. 37424 OF 2023 PETITIONER/S:
1 BIJU AGED 39 YEARS, S/O.KUMARAN, PUTHENPURACKEL HOUSE, POOPPARA.P.O, POOPPARA VILLAGE, UDUMBANCHOLA THALUK, IDUKKI DISTRICT, PIN - 685619 2 THASHKAND AGED 57 YEARS S/O NAGAYYA, SNP HOUSE, POOPPARA.P.O, POOPPARA VILLAGE, UDUMBANCHOLA THALUK, IDUKKI DISTRICT, PIN - 685619 BY ADVS.
C.A.NAVAS T.K.SASIKUMAR LAYA SIMON RAVIVARMA V.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 THE DISTRICT COLLECTOR IDUKKI, COLLECTORATE, KUYILIMALA, PAINAVU. P.O, IDUKKI DISTRICT, PIN - 685603
WP(C) NO. 37424 OF 2023 ..2..
3 SUB COLLECTOR DEVIKULAM, REVENUE DIVISIONAL OFFICE, DEVIKULAM CIRCULAR ROAD, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613 4 THE TAHSILDAR UDUMBANCHOLA THALUK, UDUMBANCHOLA, IDUKKIO DISTRICT, PIN - 685554 5 THE VILLAGE OFFICER POOPPARA VILLAGE, POOPPARA, IDUKKI DISTRICT, PIN - 685619 6 SHANTHANPARA GRAMA PANCHAYAT, PANCHAYAT OFFICE, SHANTHANPARA, IDUKKI DISTRICT- 685 619 REPRESENTED BY ITS SECRETARY., PIN - 685619 7 THE SECRETARY SHANTHANPARA GRAMA PANCHAYAT, PANCHAYAT OFFICE, SHANTHANPARA, IDUKKI DISTRICT, PIN - 685619 8 K.N.RAJAN AGED 58 YEARS S/O NARAYANAN NAIR, RESIDING AT KANANKUNNATH, SHATHANPARA P.O, THOTTIKKANAM, IDUKKI DISTRICT, PIN - 685619 9 SAJEEV SEBASTIAN AGED 48 YEARS S/O SEBASTIAN, KONDATTUPARAMBIL HOUSE, SHATHANPARA, PUTHADY P.O, RAJAPPARA, IDUKKI DISTRICT, PIN - 685619 ADDL.R10 BASHEER (DELETED) S/O LATE M.A.MUHAMMED, MALIKAKUDIYIL HOUSE, POOPPARA KARA, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT-685619 ADDL.R11 BABU VARGHESE (DELETED) S/O VARGHESE, THAMARAPILLIL HOUSE, POOPPARA P.O., POOPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT -685619
WP(C) NO. 37424 OF 2023 ..3..
ADDL.R12 ADDL.R12.AJAS M.A (DELETED) S/O ABUBAKER, MALIYEKKUDIYIL HOUSE, KULAPPARACHAL P.O., MURIKKINTHOTTI, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT -685619 ADDL.R13 ADDL.R13.M.SELVAM (DELETED) S/O MOKKASAMY THEVAR, ASHOK BHAVAN, PALAM COLONY, POOPPARA, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT -685619 ADDL.R14 ADDL.R14.AJAYAN (DELETED) S/O RAGHAVAN, CHARUVIL PUTHEN VEEDU, KORANPARA, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT -685619 ADDL.R15 ADDL.R15.BALAMURUGHAN (DELETED) S/O IRULANDI, POPPARA, POOPPARA P.O., POOPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT- 685619 *(ADDITIONAL R10 TO R15 ARE IMPLEADED AS PER ORDER DATED 05.12.2023 IN I.A.1/2023.
** ADDITIONAL R10 TO R15 ARE DELETED AS PER ORDER DATED 10.01.2024 IN I.A.1/2023 IN WP(C).
BY ADVS.
JOICE GEORGE ASWATHY KRISHNAN LATHEESH SEBASTIAN A.L.NAVANEETH KRISHNAN(K/777/2015) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37424 OF 2023 ..4..
JUDGMENT A. MUHAMED MUSTAQUE, J.
This writ petition is filed against land conservancy proceedings. One of the main contentions raised by the writ petitioners is that all encroachers were not given notice and the petitioners alone have been singled out.
Therefore, as per interim order dated 21.11.2023, we directed the revenue officials to initiate action against all other encroachers.
2. The petitioners constructed building encroaching upon the government land with absolutely no semblance of time. The petitioners would say that they have obtained an order from the Tribunal for Local Self Government Institutions as against demolition of the building and therefore, the land conservancy proceedings cannot be initiated.
3. It is to be noted that the challenge before the Tribunal was against the order of the local authority, alleging construction in violation of the Kerala Building Rules. This is a case, where
WP(C) NO. 37424 OF 2023 ..5..
the land itself found to be government land and where the encroachers have put up construction.
We find absolutely no merit in this writ petition.
The writ petition is accordingly dismissed. We direct that the revenue officials shall remove all identified 56 encroachers in a time bound manner, at any rate, within a period of six weeks, with the assistance of police, if necessary. The District Police Chief shall ensure that necessary police personnel are deployed to remove such encroachers.
Report in this regard shall be filed in WP(C) No.1801 of 2010.
Sd/- A. MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE bka/-
WP(C) NO. 37424 OF 2023 ..6..
APPENDIX OF WP(C) 37424/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 23.06.1993 OF THE HONOURABLE MUNSIFFS COURT, DEVIKULAM IN OS NO.44/1993 Exhibit P2 TRUE COPY OF THE AGREEMENT OF TRANSFER OF POSSESSION INFAVOUR OF 2ND PETITIONER DATED 10.08.2006 Exhibit P3 TRUE COPY OF THE AGREEMENT OF TRANSFER OF POSSESSION INFAVOUR OF 2ND PETITIONER AND ANOTHER DATED 22.02.1997 Exhibit P4 TRUE COPY OF THE AGREEMENT OF TRANSFER OF POSSESSION INFAVOUR OF THE FATHER OF 1ST PETITIONER DATED 20.11.2001 Exhibit P5 TRUE COPY OF THE ELECTRICITY BILL PAYMENT RECEIPT OF 2ND PETITIONER DATED 12.09.2022 Exhibit P6 TRUE COPY OF THE ELECTRICITY CONSUMER PROFILE OF THE 2ND PETITIONER FOR SHOP DATED NIL Exhibit P7 TRUE COPY OF THE ELECTRICITY CONSUMER PROFILE OF THE 2ND PETITIONER FOR DOMESTIC USE DATED NIL Exhibit P8 TRUE COPY OF GST REGISTRATION OF THE 2ND PETITIONER DATED 26.07.2017 Exhibit P9 TRUE COPY OF IDENTITY CARD ISSUED BY THE FOOD SAFETY DEPARTMENT TO THE 2ND PETITIONER DATED 12.04.2012 Exhibit P10 TRUE COPY OF FOOD SAFETY REGISTRATION CERTIFICATE DATED 12.04.2012
WP(C) NO. 37424 OF 2023 ..7..
Exhibit P11 TRUE COPY OF LETTER DATED 15.11.2021 ISSUED BY THE KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI TO THE GRAMA PANCHAYATH Exhibit 12 TRUE COPY OF THE STOP MEMO DATED 13.10.2022 ISSUED BY THE POOPPARA VILLAGE OFFICER Exhibit P13 TRUE COPY OF STOP MEMO NO.SC 3- 3452/2022 DATED 10.11.2022 ISSUED BY SHANTHAMPARA GRAMA PANCHAYATH Exhibit P14 TRUE COPY OF THE ORDER DATED 17.11.2022 IN I.A NO.1547/2022 IN APPEAL NO.738/2022 OF THE HONOURABLE TRIBUNAL FOR LOCAL SELF-GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 22.06.2023 IN WP(C) NO.39021/2022 OF THIS HONOURABLE COURT Exhibit P16 TRUE COPY OF THE ARGUMENT NOTE DATED 27.09.2023 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P17 TRUE COPY OF THE ORDER DATED 01.11.2023 IN FILE NO.C11/6932/2022 OF THE 2ND RESPONDENT Exhibit P18 TRUE COPY OF THE PHOTOGRAPH SHOWING THE BUILDING SITUATED IN BETWEEN PROPERTY OF PETITIONERS AND RIVER Exhibit P19 TRUE COPY OF THE PHOTOGRAPH SHOWING THE BUILDING SITUATED IN BETWEEN PROPERTY OF PETITIONERS AND NATIONAL HIGHWAY Exhibit P20 TRUE COPY OF THE PHOTOGRAPH SHOWING THE BUILDING OF BABU THAMARPPALLY AND SELAVAM SITUATED NEARER TO THE RIVER
WP(C) NO. 37424 OF 2023 ..8..
Exhibit P21 TRUE COPY OF THE PHOTOGRAPH SHOWING THE BUILDING OF SANJEEV KAMAKSHI SITUATED NEAR TO THE RIVER Exhibit P22 TRUE COPY OF THE PHOTOGRAPH SHOWING THE BUILDING ABUTTING TO NATIONAL HIGHWAY WITHOUT ANY SET BACK Exhibit P23 TRUE COPY OF THE PHOTOGRAPH SHOWING THE CHURCH BUILDING ABUTTING TO RIVER