2025:KER:27240 WP(C) NO. 743 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 743 OF 2024 PETITIONER: RENI KUNJUMON GEORGE AGED 46 YEARS S/O KUNJUMON GEORGE, CHALEVADAKKATHIL PUTHENVEEDU, CHENNITHALA P.O., KIZHAKKEVAZHI MURI, THRIPPERUMTHURA VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN – 690105. BY ADVS. S.K.SAJI MAYAMOL T.S. G.R.MANJU RESPONDENTS: 1 THE DISTRICT COLLECTOR, ALAPPUZHA OFFICE OF THE DISTRICT COLLECTOR, FIRST FLOOR, COLLECTORTE, BEACH ROAD, ALAPPUZHA, KERALA, PIN – 688001. 2 THE TALUK TAHSILDAR, MAVELIKARA TALUK OFFICE MAVELIKARA, MAVELIKARA P.O., ALAPPUZHA DISTRICT, PIN – 690101. 3 THE TALUK SURVEYOR, MAVELIKARA TALUK OFFICE MAVELIKARA, MAVELIKARA P.O., ALAPPUZHA DISTRICT, PIN – 690101. 2025:KER:27240 WP(C) NO. 743 OF 2024 2 4 THE VILLAGE OFFICER, THRIPPERUMTHURA THRIPPERUMTHURA VILLAGE OFFICE, NEAR GOVT UPS, THRIPPERUMTHURA P.O., MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN – 690105. 5 THE SECRETARY, CHENNITHALA- THRIPPERUMTHURA GRAMA PANCHYATH THRIPPERUMTHURA P.O., MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN – 690105. 6 AJESH AGED 38 YEARS S/O LATE SADANANDAN NAIR, CHAKKANATTU VEEDU, CHENNITHALA P.O, THRIPPERUMTHURA VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRCT, PIN – 690105. BY ADVS. SANIL KUNJACHAN RINNY STEPHEN CHAMAPARAMPIL ASHA ELIZABETH MATHEW(K/1557/2003) ANJANA S.(K/1828/2021) T.M.RESHMI(K/327/2008) MANSOOR JALAL(K/002239/2023) SMT. DEVISHREE, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27240 WP(C) NO. 743 OF 2024 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.743 of 2024 -------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The prayers in this writ petition are as follows: (a). Issue a writ of Mandamus or other appropriate writ, order or direction directing the 2nd and 4th respondents to take up Exts.P9 and P8 immediately, consider the same and do all that is necessary and appropriate to remove the encroachment and determine the boundaries of the poramboke way located in field No.232 of Thripperumthura Village within a stipulated time limit as fixed by the Hon’ble Court. (b). Issue a writ of Mandaums or other appropriate writ, order or direction directing the respondents Nos. 1 to 5 to take immediate steps to demolish the boundary wall illegally constructed by the 6th 2025:KER:27240 WP(C) NO. 743 OF 2024 4 respondent protruding into the poramboke way in field No.232 Thripperumthura Village. 2. This writ petition was filed on 04.01.2024. Soon thereafter the petitioner has filed O.S.No.53/2024 before the Munsiff Court, Mavelikkara with the following prayers: (a). A permanent prohibitory injunction restraining the sixth and seventh defendants or their men from encroaching upon the plaint E item, constructing any boundary wall on its eastern side without having proper measurement and demarcations of D and E items by the defendant Nos. 1 to 4. (b). A mandatory injunction directing the defendants Nos. 1 to 5 to take adequate measures to preserve and protect D and E items in consonance with the re-survey plan. (c). Allowing the costs of the suit from the defendants and their assets. 3. Plaint D and E schedule items are described 2025:KER:27240 WP(C) NO. 743 OF 2024 5 as way and the allegation in the suit is that there is an encroachment into the way by the construction of a boundary wall by the 6th respondent in this writ petition. The 6th respondent is arrayed as the 6th defendant in the suit. The respondents 1 to 5 in this writ petition are arrayed as defendants 1 to 5 in the suit. Except for the fact that there is an additional defendant, everything else that is prayed for in the civil suit is on the same cause of action, which has been pleaded before this Court. In the writ petition, the relief is moulded so as to seek a direction to respondents 2 and 4 to consider Exts.P9 and P8 under the Kerala Land Conservancy Act, 1957 (for short ‘the Act’). The relief prayed for in the suit also is a relief which has to flow from provisions of the Act. In the above circumstances, I do not think the writ petition should be considered by this Court when a comprehensive civil suit praying for the same relief is already 2025:KER:27240 WP(C) NO. 743 OF 2024 6 pending before the competent civil court. The writ petition is hence dismissed without prejudice to the right of the petitioner to canvas all his contentions in the civil suit which he has initiated before the Munsiff Court. Sd/- T.R.RAVI JUDGE mpm 2025:KER:27240 WP(C) NO. 743 OF 2024 7 APPENDIX OF WP(C) 743/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED VIDE NO.1132 DATED 02.07.2004. Exhibit P2 TRUE COPY OF THE TAX RECEIPT SHOWING THE REMITTANCE OF LAND TAX IN RE-SURVEY NO. 232/18-2 DATED 21.08.2018 OF THRIPPERUMTHURA VILLAGE. Exhibit P3 TRUE COPY OF THE TAX RECEIPT SHOWING THE REMITTANCE OF LAND TAX IN RE-SURVEY NO. 232/18 DATED 18.12.2023 OF THRIPPERUMTHURA VILLAGE. Exhibit P4 TRUE COPY OF THE RESURVEY PLAN IN FIELD NO. 232 OF THRIPPERUMTHURA VILLAGE. Exhibit P5 TRUE COPY OF THE LOCATION SKETCH NO.704/23 ISSUED IN FAVOUR OF THE PETITIONER FROM THE 4TH RESPONDENT DATED 19.12.2023. Exhibit P6 TRUE COPY OF THE APPLICATION DATED 18.12.2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER RI ACT. Exhibit P7 TRUE COPY OF THE INTIMATION FROM THE 2ND RESPONDENT VIDE NO. C9-540994 DATED 22.12.2023. Exhibit P8 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 23.12.2023. 2025:KER:27240 WP(C) NO. 743 OF 2024 8 Exhibit P9 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 03.01.2024. Exhibit P10 TRUE COPY OF THE RESURVEY PLAN IN FIELD NO. 232 OF THRIPPERUMTHURA VILLAGE. Exhibit P11 TRUE COPY OF THE SKETCH IN RESURVEY 232/9 VIDE PVS NO. 11694 IN BLOCK NO. 2 OF THRIPPERUMTHURA VILLAGE. Exhibit P12 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT DATED 07.02.2024 ISSUED BY THE 5TH RESPONDENT. RESPONDENTS’ EXHIBITS Exhibit R6 (a) A TRUE COPY OF THE PLAINT IN O.S.NO.269/2023 OF THE MUNSIFF’S COURT, MAVELIKKARA. Exhibit R6 (b) A TRUE COPY OF THE COMMISSION REPORT IN O.S.NO.269/2023 OF THE MUNSIFF’S COURT, MAVELIKKARA. Exhibit R6 (c) A TRUE COPY OF THE PLAINT IN O.S.NO.53/2024 OF THE MUNSIFF’S COURT, MAVELIKARA. Exhibit R6 (d) A TRUE COPY OF THE WRITTEN STATEMENT FILED BEFORE THE MUNSIFF’S COURT, MAVELIKARA. Exhibit R6(e) A TRUE COPY OF THE ORDER DATED 19/10/2024 PASSED BY THE MUNSIFF’S COURT, MAVELIKARA IN I.A.NO.2/2024 IN O.S.NO.53/2024. 2025:KER:27240 WP(C) NO. 743 OF 2024 9 Exhibit R6(f) A TRUE COPY OF THE APPEAL MEMORANDUM IN CMA NO. 40/2024 OF THE ADDITIONAL DISTRICT COURT, MAVELIKARA. Exhibit R6(g) A TRUE COPY OF THE REPLY DATED 07/02/2024 SUBMITTED TO THE NOTICE DATED 07/02/2024 ISSUED BY THE 5TH RESPONDENT. Exhibit R6(h) A TRUE COPY OF THE REPLY NOTICE DATED 12/02/2024 SUBMITTED BEFORE THE 5TH RESPONDENT IN REPLY TO NOTICE DATED 09/02/2024. Exhibit R6(i) A TRUE COPY OF BUILDING PERMIT NO. C2- BA(150340)/2024 DATED 07/05/2024 ISSUED BY THE 5TH RESPONDENT. Exhibit R6(j) A TRUE COPY OF THE PLAN DATED 07/05/2024 APPROVED BY THE 5TH RESPONDENT. Exhibit R6(k) A TRUE COPY OF THE APPLICATION DATED 25/03/2025 SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER OF CHENNITHALA - THRIPPERUMTHURA GRAMA PANCHAYAT. Exhibit R6(l) A TRUE COPY OF THE RECEIPT DATED 25/03/2025 ISSUED FROM CHENNITHALA - THRIPPERUMTHURA, GRAMA PANCHAYAT. Exhibit R6(m) A TRUE COPY OF THE RTI APPLICATION DATED 25/03/2025 SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT. Exhibit R6(n) A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. 2025:KER:27240 WP(C) NO. 743 OF 2024 10 Exhibit R6(o) A TRUE COPY OF THE RTI APPLICATION DATED 25/03/2025 SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER OF THE 4TH RESPONDENT. Exhibit R6(p) A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. Exhibit R5(a) TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 07/02/2003. Exhibit R5(b) TRUE COPY OF THE NOTICE ISSUED BY THE PANCHAYATH TO THE 6TH RESPONDENT DATED 07-02-2024. Exhibit R5(c) TRUE COPY OF THE LETTER ISSUED BY THE PANCHAYATH TO THE 6TH RESPONDENT DATED 09-02-2024.