2025:KER:26788 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12625 OF 2025 PETITIONERS: 1 JAYASREE P.G., AGED 45 YEARS W/O.SAJUKUMAR K.G., SUJAYAM, KODUKULANJI P.O., CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689508 2 SUDHA GOPINATH, AGED 70 YEARS D/O.GOPINATH KURUP, SAJU BHAVANAM, KODUKULANJI P.O., CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689508 BY ADV K.RAKESH RESPONDENTS: 1 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA, PIN - 688001 2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121 3 THE TAHSILDAR, TALUK OFFICE, CHENGANNUR,ALAPPUZHA DISTRICT, PIN - 689121 4 THE VILLAGE OFFICER, VILLAGE OFFICE, ALA,CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689126 5 THE SECRETARY, ALA GRAMA PANCHAYATH,PENNUKKARA P.O., CHENGANNUR,ALAPPUZHA DISTRICT, PIN - 689520 2025:KER:26788 2 WP(C) NO. 12625 OF 2025 6 THE PRESIDENT, THE ALA GRAMA PANCHAYATH, PENNUKKARA P.O., CHENGANNUR,ALAPPUZHA DISTRICT, PIN - 689520 7 ALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,PENNUKKARA P.O., CHENGANNUR,ALAPPUZHA DISTRICT, PIN - 689520 BY ADVS. P.V.SARITHA VENUGOPAL K.P.SUSMITHA(K/956/2001) OTHER PRESENT: Smt.P.V.Saritha Venugopal, SC, Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26788 3 WP(C) NO. 12625 OF 2025 JUDGMENT The petitioners are the owners of properties comprised in Re.Sy.No.613/21-2 and 640/1-2 of Ala Village in Chengannur Taluk. The said property was originally stood in the name of husband of the 2nd petitioner, named Sri.Gopinatha Kurup. The petitioners are presently aggrieved by Ext.P10 notice of eviction issued by the 5th respondent, addressed to Sri.Gopinatha Kurup, requiring him to vacate a portion of the property referred to above. The said Gopinatha Kurup, passed away on 08.09.2024 and Ext.P2 is the death certificate. Thus, it is evident that, Ext.P10 is a notice issued against a dead person. Therefore, it is contended that, the same cannot be enforced against the petitioners. 2. On the other hand, the learned Standing Counsel for the 7th respondent pointed out that, Ext.P10 notice was issued, in the light of a series of interim orders passed by a Division Bench of this Court in W.P.(C) No.324/2022, directing the Panchayath to remove the encroachment on ‘Uthrapalliyar’ river. However, as rightly pointed out by the learned counsel for the petitioners, since Ext.P10 is issued to a dead person, further proceedings in pursuance to the same cannot be 2025:KER:26788 4 WP(C) NO. 12625 OF 2025 continued. Therefore, this writ petition is disposed of directing the 7th respondent Panchayath not to pursue Ext.P10 and clarifying that, if any proceedings are to be initiated, the same can be done only after issuing notice to the petitioners herein, who are the present owners of the property in question. Sd/- ZIYAD RAHMAN A.A. JUDGE STB 2025:KER:26788 5 WP(C) NO. 12625 OF 2025 APPENDIX OF WP(C) 12625/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PARTITION DEED NO.510/1983 DATED, 24-2-1988 OF S.R.O., CHENGANNUR EXHIBIT P2 A TRUE COPY OF THE DEATH CERTIFICATE OF THE GOPINATH KURUP ISSUED FROM ALA GRAMA PANCHAYATH DATED, 24-9-2024 EXHIBIT P3 A TRUE COPY OF THE ASSIGNMENT DEED NO.2399/2007 OF THE S.R.O., CHENGANNUR DATED, 12-11-2007 EXHIBIT P4 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE FIRST PETITIONER AND HER HUSBAND DATED,9-4-2024 ISSUED FROM THE VILLAGE OFFICE, ALA EXHIBIT P5 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE VILLAGE OFFICE, ALA DATED, 9-9-2020 IN THE NAME OF THE HUSBAND OF THE 2ND PETITIONER EXHIBIT P6 A TRUE COPY OF THE FORM C NOTICE ISSUED BY THE 5TH RESPONDENT TO GOPINATHA KURUP DATED NIL EXHIBIT P7 A TRUE COPY OF THE APPEAL DATED, 12-11-2020 FILED BY GOPINATHA KURUP CHALLENGING EXHIBIT P6 NOTICE IN FORM C BEFORE THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED, 18-11-2020 EXHIBIT P9 A TRUE COPY OF THE HEARING NOTICE ISSUED BY THE 6TH RESPONDENT TO THE GOPINATHA KURUP , DATED, 26-12-2024 2025:KER:26788 6 WP(C) NO. 12625 OF 2025 EXHIBIT P10 A TRUE COPY OF THE NOTICE DATED, 11-3-2025 ISSUED BY THE 5TH RESPONDENT AS NO.400431/LLAP03/GPO/2024/1248(25)