2025:KER:25210 1 WP(C) No.15373 of 2018 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 15373 OF 2018 PETITIONER: BHAVANI MADHAVAN, PAMPOORANPARAYIL HOUSE,KUMARAMANGALAM,THODUPUZHA. BY ADV SMT.P.K.SANTHAMMA RESPONDENTS: 1 THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT GOVT.SECRETARIAT,THIRUVANANTHAPURAM-689501. 2 THE KUMARAMANGALAM GRAMA PANCHAYATH REPRESENTED BY SECRETARY,OFFICE OF THE PANCHAYATH,KUMARAMANGALAM. 3 SRI.SINDHU KUMAR, PRESIDENT,KUMARAMANGALAM,GRAMA PANCHAYATH,KUMARAMANGALAM.P.O,THODUPUZHA,PIN- 685589. 4 K.P.JAYAN, SECRETARY,KUMARAMANGALAM PANCHAYAT,THODUPUZHA-685589. 5 TAHSILDARLR, TALUK OFFICE,THODUPUZHA-685589. 6 VILLAGE OFFICER KUMARAMANGALAM VILLAGE,THODUPUZHA-685589. BY ADVS. SRI.DOMSON J.VATTAKUZHY SMT. RESHMI K.M. SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25210 2 WP(C) No.15373 of 2018 JUDGMENT Dated this the 24 th day of March, 2025 The writ petition is preferred challenging Ext.P8 resolution of the Panchayath, whereby the Panchayat has resolved to repossess 7 cents of Purmaboku land in the custody of the petitioner to utilise utilising the same for the purpose of Life Mission Project. 2. The petitioner is in possession of 25 cents of property, out of which she is having Patta only for 17.3 cents under the Re.Sy.No.2/4 of Kumaramangalam Village. The remaining portion of the land comprised in Re.Sy.No.2/3 of Kumaramangalam Village is claimed to be in the possession of the petitioner, which is the subject matter in the writ petition. It is further contended that for the purpose of obtaining Patta for the aforementioned land, the petitioner has already preferred Ext.P4 application before the 5th respondent, which is required to be considered. 3. A counter affidavit has been filed by the respondents, wherein it is admitted that an application has been 2025:KER:25210 3 WP(C) No.15373 of 2018 filed by the petitioner on 20.02.2018 for issuing Patta to the Government Tharisu land that comprised in Re.Sy.No.2/3, which is adjacent to the registered land of the petitioner comprised in Re.Sy.No.2/4 claiming that she is in possession of the said Government Tharisu land. It is also admitted that thereafter a representation has been preferred by the petitioner as per Ext.P6, which has already been forwarded to the Tahsildar with endorsement No.207/18 dated 17.04.2018, for enquiry and report. In the light of the said direction, an enquiry has been initiated and a report has been filed stating that the land was in possession of the petitioner for fifty years and it is utilized by her for cultivation. 4. However, it is further submitted in the counter affidavit filed by the 5th respondent that some of the residents of Pambooranpara in Kumaramangalam Village submitted a mass petition on an apprehension that the assignment of the said land will obstruct their pathway. However, by Ext.P8 resolution, the Panchayat has taken a decision to fence the alleged property using barbed wire and utilise the same for construction of a building complex for the rehabilitation of the 2025:KER:25210 4 WP(C) No.15373 of 2018 homeless persons under Life Mission Scheme. 5. I have heard Smt.p.K.Santhamma, the learned counsel for the petitioner, Sri.Domson J.Vattakuzhi, the learned Standing Counsel for the Grama Panchayat and Smt.Reshmi K.M., the learned Senior Government Pleader appearing for the official respondents. 6. Considering the arguments raised across the Bar, it appears that the property involved in this issue is in possession of the petitioner for the last fifty years as per the report mentioned in the counter affidavit. Moreover, the petitioner has preferred Ext.P4 application under the statutory provisions for assigning the property to the petitioner, which is yet to be considered. During the pendency of the same, the Panchayat has taken a decision to utilise the said property which does not seem appropriate. 7. Under such circumstances, there will be a direction to the 5th respondent to consider Ext.P4 application and pass appropriate orders, after affording an opportunity of hearing to the petitioner and the persons who raised the objections. The entire exercise shall be completed within a period of three 2025:KER:25210 5 WP(C) No.15373 of 2018 months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. sd/- P.M.MANOJ JUDGE das 2025:KER:25210 6 WP(C) No.15373 of 2018 APPENDIX OF WP(C) 15373/2018 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE SETTLEMENT DEED N0.1568 OF 2002 DATED 5.7.2002 EXHIBIT P2 COPY OF THE SKETCH ISSUED FROM THE VILLAGE OFFICE,KUMARAMANGALAM EXHIBIT P3 COPY OF THE INTERIM ORDER DATED 8.2.2018 OF THE HON'BLE HIGH COURT GRANTING POLICE PROTECTION EXHIBIT P4 COPY OF APPLICATION DT.20.02.2018 FOR ISSUING PATTA,FOR 6.339 CENTS OF LAND IN SY.NO 2/3. EXHIBIT P5 COPY OF THE RELEVANT PAGE OF THARRISU REGISTER (RECEIVED FROM R6 REGARDING EXCESS LAND(THARISSU0 EXHIBIT P6 COPY OF THE REPRESENTATION D5 17.4.2018 BY THE PETITIONER TO REVENUE DIVISIONAL OFFICER,IDUKKI EXHIBIT P7 COPY OF THE REPORT DATED 7.4.2018 BY R6 TO R5 EXHIBIT P8 COPY OF THE RESOLUTION DATED 26.3.2018 OF THE 2ND RESPONDENT EXHIBIT P9 COPY OF THE REPRESENTATION BY THE PETITIONER DATED 23.4.2018 TO THE FIRST RESPONDENT.