HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR v. MENON MONDAY, THE

2. Heard Sri.T.V.George, learned counsel for the petitioners, Sri.Ramdas, learned counsel for respondents 1 and 2, Sri.Dennis Varghese, learned counsel for the 3rd respondent, Sri.N.J.Prince the 4th respondent, Sri.K.K.Saidalavi, learned counsel for the 5th respondent, and Sri.K.Jagadeesh for respondents 9 to 15.

3. This Court notices that the notice at Ext.P1 seeks to demand the petitioners to surrender certain properties, which, according to them, are their own. The petitioners seek to rely on the alleged non-existence of the afore property in the asset register of the Panchayat. Sri. Ramdas, learned counsel for the Panchayat, would, however, contend that the WP(C) NO.9164 OF 2023 5 property in question is finding a place in the asset register of the Panchayat. Sri.Saidalavi, learned counsel for the 5th respondent would, on the other hand, support the Panchayat by contending that the road in question was in existence even prior to the petitioners’ coming into possession of the property in question. The learned counsel for the petitioners would contend that the inclusion of the property in question in the asset register was fraudulent.

4. In such circumstances, I am of the opinion that insofar as Ext.P1 is only a notice, it is for the petitioner to point out his contentions in the reply to Ext.P1 notice. Resultantly, this writ petition would stand disposed of as under:- (i) The petitioner to file an objection to the proposals contained in Ext.P1, within a period of three weeks from today. (ii) The Secretary of the Panchayat to consider the afore application, after hearing the petitioner as well as all stakeholders and WP(C) NO.9164 OF 2023 6 take a decision in the matter within a further period of six weeks thereafter. (iii) The interim order of stay granted by this Court, during the pendency of this writ petition would continue till the final disposal of the representation by the Panchayat, as above. Sd/- HARISANKAR V. MENON JUDGE Skk//08.04.2025 WP(C) NO.9164 OF 2023 7 APPENDIX OF WP(C) NO.9164 OF 2023 PETITIONERS’ EXHIBITS: EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBITP6 EXHIBITP7 TRUE COPY OF SURRENDER NOTICE DATED 23.2.2023 RECEIVED BY THE 1ST PETITIONER ISSUED BY THE 2ND RESPONDENT TRUE PHOTOGRAPHS OF THE PRESENT LIE OF PRIVATE ROAD TRUE COPY OF OBJECTION DATED 6.3.2023 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT . TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY THE 1ST RESPONDENT TRUE COPY OF REPLY DATED 9.3.2023 RECEIVED UNDER RIGHT TO INFORMATION ACT FROM THE PUBLIC INFORMATION OFFICER TO THE 3RD PETITIONER TRUE COPY OF THE COVERING LETTER DTD 9.3.2023 ISSUED TO THE 3RD PETITIONER TRUE COPY OF REPLY 15,2,2022 ISSUED TO THE 4TH RESPONDENT RESPONDENTS’ EXHIBITS: EXHIBIT-R5(A) TRUE COPY OF THE DOCUMENT NO.2362/2005 OF SRO, THENJIPALAM EXHIBIT- R5(B) TRUE COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR, TIRURANGADI, MALAPPURAM. EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 20.02.2023 ISSUED BY THE VILLAGE OFFICER, MOONNIYUR EXHIBIT R2(A) TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER MAINTAINED BY THE MOONNIYUR GRAMA PANCHAYATH EXHIBIT R2(B) TRUE COPY OF THE LETTER DATED 08.02.2023 ISSUED BY THE TAHSILDAR (LAND RECORDS), WP(C) NO.9164 OF 2023 8 TIRURANGADI TO THE 2ND RESPONDENT TOGETHER WITH THE SURVEY SKETCH EXHIBIT R2(C) TRUE COPY OF THE LETTER DATED 14.02.2023 BY THE PANCHAYATH TO THE VILLAGE OFFICER, MOONNIYUR