Kerala High Court
Poruvazhy Grama … vs State Of Kerala on 27 August, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No. 32728 of 2025 1 2025:KER:66007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
WP(C) NO. 32728 OF 2025
PETITIONER:
PORUVAZHY GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY
P AJAYAKUMAR, S/O.K.CHELLAPPAN, AGED 54 YEARS
AMBALATHUMBHAGOM P.O., PORUVAZHY, KOLLAM, PIN - 690520
BY ADVS.
SHRI.SARATH VISWANATHAN
SHRI.AMAN MANZOOR
SHRI.KEVIN JOSE SHIBU
SRI.P.VISWANATHAN (SR.)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695001
2 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS,
NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003
3 DISTRICT COLLECTOR
KOLLAM, COLLECTORATE, CIVIL STATION ROAD, KAANKATHU
MUKKU, KOLLAM, PIN - 691013
4 REVENUE DIVISIONAL OFFICER
WP(C) No. 32728 of 2025 2 2025:KER:66007
KOLLAM, VIDYA NAGAR, KOLLAM, PIN - 691013
5 DISTRICT SURVEY SUPERINTENDENT
KOLLAM, CIVIL STATION, KOLLAM, PIN - 691001
6 SPECIAL TAHSILDAR (LAND CONSERVANCY)
TRANVANCORE DEVASWOM BOARD, NANDANCODE, KAWDIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:
ADV. S RAJMOHAN, SR. GP.
ADV. SANTHOSH KUMAR, SC FOR TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 32728 of 2025 3 2025:KER:66007
JUDGMENT
Raja Vijayaraghavan V, J.
The Poruvazhy Grama Panchayat, through its Secretary, has approached this
Court seeking the following reliefs:
(i) To issue a writ of certiorari or any other appropriate writ, order
or direction, quashing Exhibit P3 report and sketch prepared and
submitted by the 5th respondent.
(ii) To issue a writ of certiorari or any other appropriate writ, order
or direction, quashing Exhibit P9 notice and the proceedings
which led to its issuance, issued by the 6th respondent.
(iii) To issue a writ of mandamus or any other appropriate writ,
order or direction, directing the 6th respondent not to proceed
against the property occupied by the petitioner, in which the
public market is situated.
2. The petitioner contends that the Panchayat has been running a public
market in land vested with it for several years. While so, W.P.(C) No. 20498 of 2023
was filed by two individuals alleging that properties belonging to Chakkuvally
Devaswom had been encroached upon by the Panchayat and seeking eviction. The
Writ Petition was disposed of with directions to the official respondents to measure
out the property and to ascertain if there was encroachment, if any.
3. Pursuant to the said directions, the 5th respondent submitted Ext.P3
report alleging encroachment into Devaswom property by the Panchayat. Thereafter,
the petitioner was served with Ext.P8 notice dated 25.02.2025 in Form B of the
WP(C) No. 32728 of 2025 4 2025:KER:66007
Kerala Land Conservancy Act, 1957 directing appearance before the 6th respondent
on 04.03.2025.
4. Aggrieved, the petitioner filed Ext. P11 statutory appeal along with a
stay petition under Section 16 of the Kerala Land Conservancy Act, before the 4th
respondent. The petitioner also submitted Ext.P14 representation dated 12.08.2025
seeking expeditious consideration of the stay petition.
5. While the appeal was pending, the petitioner was served with Ext.P13
notice dated 17.07.2025 by the 6th respondent, directing surrender of vacant
possession of the alleged encroached portion.
6. The petitioner asserts that by Ext.P15 communication dated
21.08.2025, the 4th respondent , which is the jurisdictional authority, refused to
consider the appeal, stating that entertaining the same would amount to contempt
of Ext.P2 judgment.
7. We heard Sri.P.Viswanathan, the learned Senior Counsel appearing for the
petitioner, and the learned Government Pleader.
8. The learned counsel contends that Ext.P11 statutory appeal and the
stay petition are pending consideration, and the refusal to entertain the same has
deprived the petitioner of a remedy provided under law.
9. Heard the learned Government Pleader, who submitted that no
interference is warranted.
WP(C) No. 32728 of 2025 5 2025:KER:66007
10. Ext. P11 statutory appeal has been preferred before the 4th
respondent, being aggrieved by Ext. P8 notice and Ext. P13 consequent notice.
Merely because the proceedings were triggered by the order of this Court, it does
not mean that the statutory remedy available to the petitioner under the Kerala Land
Conservancy Act stands effaced.
11. Since Ext.P11 appeal and the accompanying stay petition are pending
before the 4th respondent, it is incumbent upon the said respondent to consider and
dispose of them on its merits and in accordance with law.
12. In the above circumstances:
(i) Ext.P15 is quashed.
(ii) The 4th respondent is directed to take up Ext.P11 appeal and
the stay petition and pass orders in accordance with law, within
two months from the date of receipt of a copy of this judgment.
(iii) Ext.P13 notice and all further proceedings shall be kept in
abeyance until orders are passed on the appeal.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
K.V. JAYAKUMAR,
JUDGE
PS/27/8/25
WP(C) No. 32728 of 2025 6 2025:KER:66007
APPENDIX OF WP(C) 32728/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE BTR EXTRACT OF THE
PROPERTIES HELD BY THE PETITIONER PANCHAYAT,
WHEREIN THE PUBLIC MARKET SITUATES
Exhibit P2 TRUE PHOTOSTAT COPY JUDGMENT IN
W.P.(C).NO.20498 OF 2023 DATED 15-02-2024
Exhibit P3 TRUE PHOTOSTAT COPY OF THE REPORT DATED
04-09-2024 PREPARED BY THE 5TH RESPONDENT
HEREIN TOGETHER WITH THE SKETCH
Exhibit P4 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
30-09-2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE PHOTOSTAT COPY OF THE APPLICATION
SUBMITTED BY THE PRESIDENT OF THE PETITIONER
PANCHAYAT BEFORE THE 5TH RESPONDENT
Exhibit P6 TRUE PHOTOSTAT COPY OF THE REPLY OBTAINED
FROM THE PUBLIC INFORMATION OFFICER DATED
07-12-2024
Exhibit P7 TRUE PHOTOSTAT COPY OF THE OBJECTION
SUBMITTED BY THE PETITIONER PANCHAYAT BEFORE
THE 5TH RESPONDENT DATED 03-03-2025 AND DULY
ACKNOWLEDGED BY THE 5TH RESPONDENT ON
05-03-2025
Exhibit P8 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
25-02-2025 IN FORM B OF THE KERALA LAND
CONSERVANCY ACT AND THE RULES
Exhibit P9 TRUE PHOTOSTAT COPY OF THE NOTICE IN FORM C
DATED 20-05-2025
Exhibit P10 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF
THE SETTLEMENT REGISTER
Exhibit P11 TRUE PHOTOSTAT COPY OF THE APPEAL DATED
27-06-2025
Exhibit P12 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF
THE LOCAL LETTER DELIVERY BOOK MAINTAINED BY
THE PETITIONER PANCHAYAT EVIDENCING THE
SUBMISSION OF THE APPEAL AND ITS
ACKNOWLEDGEMENT FROM THE OFFICE OF THE 4TH
RESPONDENT
Exhibit P13 TRUE PHOTOSTAT COPY NOTICE DATED 17-07-2025
WP(C) No. 32728 of 2025 7 2025:KER:66007
ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER
Exhibit P14 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 12-08-2025
Exhibit P14(a) TRUE COPY OF PHOTOSTAT COPY OF THE RELEVANT
PAGES OF THE LOCAL LETTER DELIVERY BOOK
EVIDENCING THE RECEIPT OF EXHIBIT P14 BY THE
4TH RESPONDENT
Exhibit P15 TRUE PHOTOSTAT COPY OF THE COMMUNICATION
DATED 21-08-2025
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