1 WP(C) NO.9164 OF 2023 2025:KER:30454 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO.9164 OF 2023 PETITIONERS: 1 RADHAKRISHNAN N.P., AGED 56 YEARS, S/O. KARAPPAN, NAMBIDIPARAMBATH, PULAKKAT HOUSE, VELIMUKKU SOUTH P.O., THIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN – 676317. 2 DIVAKARANUNNI N.P., AGED 53 YEARS, S/O. KARAPPAN, NAMBIDIPARAMBATH , PULAKKAT HOUSE, VELIMUKKU SOUTH P.O, THIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN – 676317. 3 KANAKESH N.P, AGED 50 YEARS, S/O KARAPPAN, NAMBIDIPARAMBATH PULAKKAT HOUSE, VELIMUKKU SOUTH P.O, THIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN – 676317. BY ADV T.V.GEORGE RESPONDENTS: 1 MOONNIYUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VELIMUKKU SOUTH P.O, TIRURANGADI TALUK, MALAPPUAM DISTRICT, PIN – 676317. 2 THE SECRETARY, MOONNIYUR GRAMA PANCHAYAT, VELIMUKKU SOUTH P.O, TIRURANGADI TALUK, MALAPPUAM DISTRICT, PIN – 676317. 3 NOUSHAD THURUTHUMMEL, ELECTED MEMBER WARD NO: 23, MOONNIYUR GRAMA PANCHAYAT, VELIMUKKU SOUTH P.O, TIRURANGADI TALUK, MALAPPUAM DISTRICT, PIN – 676317. 2 WP(C) NO.9164 OF 2023 2025:KER:30454 4 SAJNA PALLIYALI, AGED 37 YEARS, W/O. ABDUL SALAM, KARAKATTIL HOUSE, VELIMUKKU SOUTH P.O, TIRURANGADI TALUK, MALAPPUAM DISTRICT, PIN – 676317. 5 ABDUL RAHIMANKUTTY, AGED 70 YEARS, PALLIYALI HOUSE, VELIMUKKU SOUTH P.O, TIRURANGADI TALUK, MALAPPUAM DISTRICT, PIN – 676317. *ADDL.R6 THE SURVEY SUPERINTENDENT, CIVIL STATION, MALAPPURAM DISTRICT, PIN – 676505. *ADDL.R7 THE TAHSILDAR, TIRURANGADI TALUK MALAPPURAM DISTRICT, PIN 676306 *ADDL.R8 THE VILLAGE OFFICER, MOONNIYUR VILLAGE, MALAPPURAM DISTRICT, PIN - 676311 *[ADDL.R6 TO R8 IS IMPLEADED AS PER ORDER DATED 10/07/2023 IN I.A. NO.1 OF 2023 IN WP(C) NO.9164 OF 2023] **ADDL.R9 N.JISHNU, SON OF NARAYANAN T, THUMBANI HOUSE, ALUNGAL, VELIMUKKU SOUTH P.O, MOONIYUR, MALAPURAM DISTRICT, PIN-676317. **ADDL.R10 SUJITH.T, SON OF VASU, KARAKKATTIL HOUSE, VELIMUKKU, MOONIYUR, MALAPURAM DISTRICT, PIN-676317. **ADDL.R11 MUHAMMED SHAFI PALLIYALI, SON OF ABDU RAHMAN, KARAKKATTIL, MOONIYUR, MALAPURAM DISTRICT, PIN-676317. **ADDL.R12 MIDEEN KUTTY P., SON OF MUHAMMED, KADAVATH HOUSE, VELIMUKKU SOUTH, MOONIYUR, MALAPURAM DISTRICT, PIN-676317. **ADDL.R13 ISMAIL A.N, SON OF HASSAN, POOLAKKAD HOUSE, ALUNGAL, MOONIYUR, VELIMUKKU, MALAPURAM DISTRICT, PIN-676317. **ADDL.R14 ASIF PALLUALI, SON OF KUNHAMMED HAJI, THAZHATHADATHIL HOUSE, ALUNGAL, VELIMUKKU SOUTH P.O, MOONIYUR, MALAPURAM DISTRICT, PIN-676317. 3 WP(C) NO.9164 OF 2023 2025:KER:30454 [ADDL R9 TO R14 ARE IMPLEADED AS PER ORDER DATED 04.12.2024 IN IA 1/2024 IN WP(C) NO.9164 OF 2023] BY ADVS. R.RAMADAS DENNIS VARGHESE AJAYAN K. K.K.SAIDALAVI T.V.GEORGE K.JAGADEESH K.K.NASRUL HAQUE(K/000155/2017) PRINCE N.J.(K/730/1995) M.P.HARIDAS(K/000154/1995) DOLLY FRANCIS(K/000411/2018) ANJANA CHANDRAN(K/001164/2022) V.RENJU NIKHEL K GOPINATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 4 WP(C) NO.9164 OF 2023 2025:KER:30454 JUDGMENT The petitioners, stated to be siblings, have filed the captioned writ petition seeking to challenge the mandates at Ext.P1 directing the petitioners to surrender certain portion of their properties, which, according to the Grama Panchayat, is an encroachment. 2. Heard Sri.T.V.George, learned counsel for the petitioners, Sri.Ramdas, learned counsel for respondents 1 and 2, Sri.Dennis Varghese, learned counsel for the 3rd respondent, Sri.N.J.Prince for the 4th respondent, Sri.K.K.Saidalavi, learned counsel for the 5th respondent, and Sri.K.Jagadeesh for respondents 9 to 15. 3. This Court notices that the notice at Ext.P1 seeks to demand the petitioners to surrender certain properties, which, according to them, are their own. The petitioners seek to rely on the alleged non-existence of the afore property in the asset register of the Panchayat. Sri. Ramdas, learned counsel for the Panchayat, would, however, contend that the 5 WP(C) NO.9164 OF 2023 2025:KER:30454 property in question is finding a place in the asset register of the Panchayat. Sri.Saidalavi, learned counsel for the 5th respondent would, on the other hand, support the Panchayat by contending that the road in question was in existence even prior to the petitioners’ coming into possession of the property in question. The learned counsel for the petitioners would contend that the inclusion of the property in question in the asset register was fraudulent. 4. In such circumstances, I am of the opinion that insofar as Ext.P1 is only a notice, it is for the petitioner to point out his contentions in the reply to Ext.P1 notice. Resultantly, this writ petition would stand disposed of as under:- (i) The petitioner to file an objection to the proposals contained in Ext.P1, within a period of three weeks from today. (ii) The Secretary of the Panchayat to consider the afore application, after hearing the petitioner as well as all stakeholders and 6 WP(C) NO.9164 OF 2023 2025:KER:30454 take a decision in the matter within a further period of six weeks thereafter. (iii) The interim order of stay granted by this Court, during the pendency of this writ petition would continue till the final disposal of the representation by the Panchayat, as above. Sd/- HARISANKAR V. MENON JUDGE Skk//08.04.2025 7 WP(C) NO.9164 OF 2023 2025:KER:30454 APPENDIX OF WP(C) NO.9164 OF 2023 PETITIONERS’ EXHIBITS: EXHIBIT P1 TRUE COPY OF SURRENDER NOTICE DATED 23.2.2023 RECEIVED BY THE 1ST PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE PHOTOGRAPHS OF THE PRESENT LIE OF PRIVATE ROAD EXHIBIT P3 TRUE COPY OF OBJECTION DATED 6.3.2023 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 . TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF REPLY DATED 9.3.2023 RECEIVED UNDER RIGHT TO INFORMATION ACT FROM THE PUBLIC INFORMATION OFFICER TO THE 3RD PETITIONER EXHIBITP6 TRUE COPY OF THE COVERING LETTER DTD 9.3.2023 ISSUED TO THE 3RD PETITIONER EXHIBITP7 TRUE COPY OF REPLY 15,2,2022 ISSUED TO THE 4TH RESPONDENT RESPONDENTS’ EXHIBITS: EXHIBIT-R5(A) TRUE COPY OF THE DOCUMENT NO.2362/2005 OF SRO, THENJIPALAM EXHIBIT- R5(B) TRUE COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR, TIRURANGADI, MALAPPURAM. EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 20.02.2023 ISSUED BY THE VILLAGE OFFICER, MOONNIYUR EXHIBIT R2(A) TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER MAINTAINED BY THE MOONNIYUR GRAMA PANCHAYATH EXHIBIT R2(B) TRUE COPY OF THE LETTER DATED 08.02.2023 ISSUED BY THE TAHSILDAR (LAND RECORDS), 8 WP(C) NO.9164 OF 2023 2025:KER:30454 TIRURANGADI TO THE 2ND RESPONDENT TOGETHER WITH THE SURVEY SKETCH EXHIBIT R2(C) TRUE COPY OF THE LETTER DATED 14.02.2023 BY THE PANCHAYATH TO THE VILLAGE OFFICER, MOONNIYUR