IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 23^RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 WP(C) NO. 6361 OF 2009 PETITIONER:

NOBLE DAS, PADMANABHA MANDIRAM, VADAKKE MATTATHIL, POOTHOTTA PO,, ERNAKULAM DIST.

BY ADV V.R.KESAVA KAIMAL RESPONDENTS:

1 SECRETARY, AMBALLOR GRAMA PANCHAYATH

2 AMBALLOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,AMBALLOOR, ERNAKULAM DIST.

BY ADV SHRI.T.K.AJITHKUMAR (VALATH), SC, AMBALLOOR GRAMA PANCHAYAT SMT. DEEPA NARAYANAN -SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

23.05.2023, ALONG WITH WP(C).35484/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 23^RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 WP(C) NO. 35484 OF 2007 PETITIONER:

NOBLE DAS VADAKKE MATTATHIL, POOTHOTTA P.O, ERNAKULAM DIST.

BY ADV SRI.V.R.KESAVA KAIMAL RESPONDENTS:

1 AMBALLOOR GRAMA PANCHAYATH BY ITS SECRETARY, AMBALLOOR, ERNAKULAM DIST.

2 ADDL.R2. THE TAHSILDAR TALUK OFFICE, KANAYANNUR, ERNAKULAM DISTRICT, [ADDL.R2 IS IMPLEADED SUO MOTU VIDE ORDER DATED

14/12/2007 IN I.A.NO.16443/2007 IN WP(C)35484/2007.]

3 ADDL.R3. M.P.NARAYANA DAS PADMANABHA MANDIRAM, VADAKKEMADATHIL, POOTHOTTA PIN

652 307, ERNAKULAM DISTRICT. [ADDL.R3 IS IMPLEADED VIDE ORDER DATED 21/2/2008 IN I.A.2676/2008 IN WP(C)35484/200.]

BY ADVS.

T.K.AJITHKUMAR (VALATH)

GOVT.PLEADER GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

23.05.2023, ALONG WITH WP(C).6361/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANU SIVARAMAN, J.

=========================

W.P.(C) Nos.6361 of 2009 and 35484 of 2007 =========================

Dated this the 23^rd day of May, 2023

JUDGMENT

W.P.(C) No.6361 of 2009 is filed seeking directions to the Panchayat to issue license for running Vazhiyoram project in the building constructed by the petitioner in the property and W.P.(C) No.35484 of 2007 is filed challenging Exhibit P10 order of the Grama Panchayat and seeking directions to the Panchayat to number the building constructed by the petitioner in the property.

2. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner in possession of 10 cents of land in Re-survey No.324/8 in Amaballoor Village, Kanayannoor Taluk, Ernakulam District. Exhibit P1 is the copy of the settlement deed based on which the petitioner claims title. It is submitted that the petitioner is remitting basic tax in respect of the property in his possession. It is contended that the petitioner had constructed a building for the Vazhiyoram project of the state Government. However, on an allegation that part of the building is constructed encroaching into puramboke land, the building was refused to be numbered. Reply dated 28.06.2007 was submitted by the Panchayat to a request made by the petitioner for numbering of the building stating that the building will be numbered only after a measurement is carried out by the Tahsildar and the puramboke is demarcated.

3. Detailed counter affidavits have been placed on record by the Panchayat as well as the Tahsildar. It is submitted that pursuant to interim orders passed by this Court on 14.12.2007, 21.02.2008 and 18.02.2011, measurements had been carried out in the property with notice to all concerned. The Tahsildar has placed a report on record along with the sketch. It is submitted that the total area in possession of the petitioner is actually much in excess of the 10 cents of property to which he is entitled under Exhibit P1 document. After conducting the due inspection on 09.03.2011, with written notice to all the parties concerned, it is stated that it was found that the petitioner has encroached over PWD/Panchayat land to an extent of 16.850 Cents. It is submitted that the extent of the encroachment of the building over PWD/Panchayat puramboke land is 2.890 Cents. It is stated that the extent of encroachment of the building has to be taken