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Kerala High Court
Vijayan M vs State Of Kerala on 27 August, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No. 32683 of 2025 1 2025:KER:66008
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. 32683 OF 2025
PETITIONER:
VIJAYAN M
AGED 73 YEARS
S/O SHEKHARAN NAIR, METHIL HOUSE, VADAKKETHARA,
PAZHAYANNUR, P.O., THRISSUR, PIN - 680587
BY ADVS.
SRI.RAJIT
SMT.SRUTHI RAJIT
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695033
2 DISTRICT COLLECTOR
COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003
3 REVENUE DIVISIONAL OFFICER
THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR,
PIN - 680003
4 THE SPECIAL TAHSILDAR
COCHIN DEVASWOM BOARD, COCHIN DEVASWOM BOARD OFFICE,
SWARAJ ROUND, THRISSUR, PIN - 680001
WP(C) No. 32683 of 2025 2 2025:KER:66008
5 THE COMMISSIONER
COCHIN DEVASWOM BOARD, COCHIN DEVASWOM BOARD HQ,
G6H7+5W3, SWARAJ ROUND N, ROUND NORTH, THRISSUR,
PIN - 680001
ADV. S RAJMOHAN, SR. GP,
ADV. K P SUDHEER, SC CDB
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. 32683 of 2025 3 2025:KER:66008
JUDGMENT
Raja Vijayaraghavan V, J.
The petitioner states that he is the absolute owner in possession of 14 Ares
16 Sq. Metres of land in Survey No.822/2 of Kanniyarkkode Village, Thrissur District,
by virtue of Sale Deed No.1112/1997 of the Pazhayannur Sub Registry. He contends
that he was served with Ext.P3 notice issued by the 4th respondent directing
stoppage of the works carried out by him in his property on the ground that the
boundaries of the Devaswom property situated on the southern side of the
petitioner’s property were to be measured for the construction of a pilgrim centre.
Immediately Thereafter, he was served with Ext.P4 notice issued by the 4th
respondent, alleging encroachment, to which Ext. P5 reply was submitted. The
petitioner states that on 16.07.2025, the 4th respondent issued Ext.P6 order
directing him to remove himself from the alleged encroached property within 15
days.
2. Being aggrieved by Ext.P6 order, the petitioner is stated to have
preferred Ext.P7 appeal and Ext.P8 stay petition before the 3rd respondent, as is
evident from Ext.P9. Being aggrieved by the non-consideration of the appeal and the
stay petition, the petitioner has approached this Court seeking issuance of directions
to the 3rd respondent to consider Ext.P7 appeal and Ext.P8 stay application
expeditiously, and to keep in abeyance all further proceedings pursuant to Ext.P6
until orders are passed on the same.
WP(C) No. 32683 of 2025 4 2025:KER:66008
3. We have heard the submissions advanced by Sri. Rajit, the learned
Counsel appearing for the petitioner, and the learned Government Pleader.
4. The learned counsel contends that Ext.P7 statutory appeal and Ext.
P8 stay petitions are pending consideration, and that the refusal to entertain the
same has deprived the petitioner of a remedy provided under law.
5. We have heard the learned Government pleader.
6. Having regard to the facts and circumstances and the submissions
made across the bar, this writ petition is disposed of directing the 3rd respondent to
take up Ext. P7 appeal and Ext.P8 stay petition and pass orders in accordance with
law within two months from the date of receipt of a copy of this judgment. All
further proceedings pursuant to Ext. P6 order shall remain in abeyance until orders
are passed on Ext.P7 appeal and Ext. P8 stay petition.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
K.V. JAYAKUMAR,
PS/27/8/25 JUDGE
WP(C) No. 32683 of 2025 5 2025:KER:66008
APPENDIX OF WP(C) 32683/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1112/1997 OF
THE PAZHAYANNUR SUB REGISTRY DATED 02.05.1997
Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT NO.
KL08020201819/2024 DATED 29.04.2024 ISSUED BY
KANIYAARAKODU VILLAGE IN FAVOUR OF THE
PETITIONER WITH RESPECT TO THE PROPERTY
Exhibit P3 A TRUE COPY OF THE NOTICE DATED 15.02.2025
ISSUED BY THE 4TH RESPONDENT
Exhibit P4 A TRUE COPY OF THE SHOW CAUSE NOTICE NO.B
47/2025 DATED 22.05.2025 ISSUED BY THE 4TH
RESPONDENT
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
17.06.2025 PREFERRED BY THE PETITIONER BEFORE
THE 5TH RESPONDENT
Exhibit P6 A TRUE COPY OF ORDER NO. B 47/2025 DATED
16.07.2025 PASSED BY THE 4TH RESPONDENT
Exhibit P7 A TRUE COPY OF THE APPEAL DATED 25.08.2025
PREFERRED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P8 A TRUE COPY OF THE STAY APPLICATION FILED BY
THE PETITIONER BEFORE THE 4TH RESPONDENT DATED
25.08.2025
Exhibit P9 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT
DATED 26.08.2025
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