W.P.(C) Nos. 20598/2008; 693/2011; 10123/2013; 30652/2016

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhammed Mustaque
Judgment Date: 2022-04-06
Court Decision / Holding: The writ petitions are disposed of with directions: (i) Direct registration of the settlement deed by the Sub Registrar, Angamaly and by the Sub Registrar, Thalayolaparambu; (ii) The original prior title deeds to be kept with the Family Trust; (iii) The prohibition order on alienation is lifted; (iv) Registration expenses: Rs.50,000 to be paid by Joshy and Rs.50,000 to be withdrawn from Joseph’s Fixed Deposit in SBI, Nedumbasseri; (v) Authorized withdrawal of Rs.50,000 and Rs.10,000 towards remuneration from the Fixed Deposit; (vi) Fixed Deposit receipts to be kept in safe custody of the Bank and released only by order of the competent Court; (vii) Pelican Centre, Kulayettikkara to report on Joseph’s welfare every six months; (viii) If Joshy violates the bunk, the Municipality may take action as per law.
Final Disposition: Disposed of with directions

Parties to the Case

Appellants / Petitioners

Devassy P.I.
Joshy

Respondents

Kerala State Electricity Board (KSEB)
The Deputy Chief Engineer, KSEB
The Assistant Executive Engineer, KSEB
The Assistant Engineer, KSEB
Secretary, Angamaly Municipality
The Kerala Legal Services Authority
Cochin International Airport Limited
National Highways Authority of India
State of Kerala, Local Self Government Department
The Land Revenue Commissioner
The District Collector, Ernakulam
Angamaly Municipality
The Sub Inspector of Police, Airport Police Station
The Food Safety Officer, Angamaly Municipality
The District Supply Officer, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• P. Sreekumar
• Smt. Vidya G.
• Smt. Sandhya R. Nair
• Smt. V.A. Haritha
• Smt. Mary Reshma George
• Smt. P.M. Mazna Mansoor
• Sri Sooraj T. Elenjickal

Counsels for Respondents

• Sri P.A. Ahamed
• Sri P.P. Thajudeen
• Sri P. Benny Thomas
• Sri D. Prem Kamath
• Sri P. Santhalingam
• Sri S. Mahitha
• Sri S. Renjih
• Sri Wilson Urumeese
• Special Government Pleader to Revenue
• I. Sheela Devi

Case Synopsis & Summary

This batch of writ petitions from Angamaly, Kerala, traces a long-running dispute beginning with encroachment and eviction, culminating in a rehabilitation order for Devassy P.I. and his family after 14 years. The Court acknowledges initial relief sought—removal of encroachment—but, through its intervention, has facilitated humane rehabilitation and livelihoods for Devassy and his children, including his son Joshy, who has been provided a bunk for his livelihood. The judgment records Devassy’s current placement in a care home and his son Joseph in Pelican Centre due to mental disability, and the Court approves a settlement framework to partition Devassy’s property by metes and bounds, allocating one half to Joshy and the other to Joseph. It directs registration of a settlement deed in the jurisdiction of the Sub Registrar, Angamaly and Thalayolaparambu, with original title deeds to be placed in the Family Trust. Prohibition on alienation is lifted; financial provisions are laid for registration costs (Rs.50,000 from Joshy and Rs.50,000 from Joseph’s fixed deposit), and Rs.10,000 as remuneration with Rs.50,000 withdrawal authorised for Adv. N.N. Girija. Fixed deposit receipts must be safeguarded by the Bank, and regular reporting on Joseph’s welfare is mandated. The Court reserves the right to take action if Joshy violates the bunk. Overall, the decision marks a final disposition aimed at welfare and reconciliation for Devassy’s family.

Cited Precedents (3)

Citation	Treatment	Explanation
W.P.(c) NO.35750 OF 2008	Mentioned Only	Judgment cited as Exhibit P2; not elaborated in the available portion of the text.
W.P.(c) NO.23250/09	Mentioned Only	Judgment cited as Exhibit P3; not elaborated in the available portion of the text.
W.P.(c) NO.32601 OF 2009	Mentioned Only	Judgment cited as Exhibit P5; not elaborated in the available portion of the text.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 6[TH] DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 WP(C) NO.20598 OF 2008** ## **PETITIONER/S:** **P.I.DEVASSY, PADAYATTIL[HOUSE], NAYATHODE P.O., NEDUMBASSERY(VIA), ANGAMALY.** ## **BY ADV SMT.G.VIDYA** ## **RESPONDENT/S:** - 1 **KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.** - 2 **THE DEPUTY CHIEF ENGINEER KSEB, ELECTRICAL CIRCLE, PERUMBAVOOR.** - 3 **THE ASSISTANT EXECUTIVE ENGINEER KSEB, ELECTRICAL SUB DIVISION, KALADY.** - 4 **THE ASSISTANT ENGINEER KSEB, ELECTRICAL SECTION, KALADY.** - 5 **THE SECRETARY, ANGAMALY MUNICIPALITY.** - ADDL.R6 **THE KERALA LEGAL SERVICES AUTHORITY, HIGH COURT COMPLEX, ERNAKULAM - 682 031.** - **(SUO MOTU IMPLEADED AS PER ORDER DATED 31/07/2018)** - ADDL.R7 **THE COCHIN INTERNATIONAL AIRPORT LIMITED, REGD.OFFICE AT GCDA COMMERCIAL COMPLEX, MARINE DRIVE, COCHIN-682 031, KERALA, INDIA.** **(SUO MOTU IMPLEADED AS PER ORDER DATED 27.09.2018)** W.P.(C) No.20598/2008 & con.cases 2 ADDL. R8 **THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS PROJECT MANAGER, PALAKKAD.** **(IS SUO MOTU IMPLEADED AS PER ORDER DATED 03-07-2020 IN WPC)** **BY ADVS. SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY BOARD LIMITED SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY SRI.P.BENNY THOMAS SRI.D.PREM KAMATH SRI.P.SANTHALINGAM SR. SMT.S.MAHITHA SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.WILSON URUMESE, SC, ANKAMALY MUNICIPALITY SRI.S.RENJIH, SPECIAL GOVERNMENT PLEADER TO REVENUE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.04.2022, ALONG WITH WP(C).693/2011, 10123/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.20598/2008 & con.cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **WEDNESDAY, THE 6[TH] DAY OF APRIL 2022 / 16TH CHAITHRA, 1944** ## **WP(C) NO. 693 OF 2011** ## **PETITIONER/S:** **DEVASSY P.I., AGED 61 YEARS, PADAYATTIYIL HOUSE, NAYATHODU.P.O, ANGAMALY, ERNAKULAM DISTRICT.** **BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU PUNUKKONNOOR** ## **RESPONDENT/S:** - 1 **STATE OF KERALA, SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** - 2 **THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM.** - 3 **THE DISTRICT COLLECTOR, ERNAKULAM.** - 4 **ANGAMALY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ANGAMALY.P.O, ERNAKULAM DISTRICT.** - 5 **THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, KALADY, ERNAKULAM DISTRICT.** - 6 **THE DISTRICT SUPPLY OFFICER, ERNAKULAM.** - ADDL.R7 **THE KERALA LEGAL SERVICES AUTHORITY, HIGH COURT COMPLEX, ERNAKULAM-692031.** **(SUO MOTU IMPLEADED AS PER ORDER DATED 31-7-2018).** W.P.(C) No.20598/2008 & con.cases 4 ADDL.R8 **NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS PROJECT MANAGER, PALAKKAD.** **(IMPLEADED SUO MOTU VIDE ORDER DATED 3-7-2020).** **BY ADVS.** **SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL SRI.WILSON URUMESE, SC, ANKAMALY MUNICIPALITY SRI.P.SANTHALINGAM SR. SRI.S.SHARAN** **BY STANDING COUNSEL SMT. I. SHEELA DEVI** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.04.2022, ALONG WITH WP(C).20598/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.20598/2008 & con.cases 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **WEDNESDAY, THE 6[TH] DAY OF APRIL 2022 / 16TH CHAITHRA, 1944** ## **WP(C) NO. 10123 OF 2013** ## **PETITIONER/S:** **JOSHY, AGED 28 YEARS, S/O. DEVASSY, PADAYATTIYIL HOUSE, NAYATHODU P.O., ANGAMALY, ERNAKULAM DISTRICT. BY ADV SRI.P.SREEKUMAR** ## **RESPONDENT/S:** 1 **ANGAMALY MUNICIPALITY, ANGAMALY P.O., ERNAKULAM DISTRICT, REP.BY ITS SECRETARY.** 2 **FOOD SAFETY OFFICER, ANGAMALY MUNICIPALITY, ANGAMALY P.O., ERNAKULAM. BY ADVS. SRI.V.M.KURIAN, SC, ANGAMALY MUNICIPALITY WILSON URMESE SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY SRI.WILSON URUMESE, SC, ANKAMALY MUNICIPALITY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.04.2022, ALONG WITH WP(C).20598/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.20598/2008 & con.cases 6 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **WEDNESDAY, THE 6[TH] DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 WP(C) NO. 30652 OF 2016** ## **PETITIONER/S:** **DEVASSY, AGED 61 YEARS, S/O ITTIRAH,PADAYATTIYIL HOUSE, NAYATHODU.P.O, ANGAMALY, ERNAKULAM DISTRICT.** **BY ADVS. SRI.P.SREEKUMAR SMT.SANDHYA R NAIR SMT.V.A.HARITHA SMT.MARY RESHMA GEORGE SMT.P.M.MAZNA MANSOOR SRI.SOORAJ T.ELENJICKAL** ## **RESPONDENT/S:** - 1 **STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENTDEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** 2 **ANGAMALY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ANGAMALY.P.O, ERNAKULAM DISTRICT, PIN-683572.** - 3 **SECRETARY, ANGAMALY MUNICIPALITY, ANGAMALY.P.O, ERNAKULAM DISTRICT, PIN-683572.** - 4 **THE SUB INSPECTOR OF POLICE, AIR PORT POLICE STATION, ANGAMALY, ERNAKULAM DISTRICT-683572.** **BY ADV SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY** **SRI.WILSON URUMESE, SC, ANKAMALY MUNICIPALITY** **SRI.S.RENJIH, SPECIAL GOVERNMENT PLEADER TO REVENUE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.04.2022, ALONG WITH WP(C).20598/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **A.MUHAMED MUSTAQUE, J.** ------------------------------------------ **W.P.(C).Nos. 20598/2008, 693/2011,** **10123/2013 & 30652/2016** ------------------------------------------ **Dated this the 6[th] day of April, 2022** ## **JUDGMENT** This case is coming to an end today after 14 years. The original relief was sought against removal of encroachment. Now, based on the intervention of this Court, the petitioner in W.P.(C).Nos.20598/2008, 693/2011 and 30652/2016, Shri Devassy has been rehabilitated and one of his sons, Shri Joshy, the petitioner in W.P.(C).No.10123/2013, also has been given a bunk for his livelihood. 2. I must, at the outset, appreciate the able assistance given to this Court by Advocates Shri P.Sreekumar and Smt.Vidya G. as the legal aid counsel appearing for the petitioners. It is with their immense support, Devassy and his children are able to be rehabilitated. **W.P.(C).Nos. 20598/2008, 693/2011, 10123/2013 & 30652/2016** -:8:- 3. Devassy is now put up in a care home at “Avedhana Bhavan” near Thalayolaparambu in Kottayam District. His mentally challenged son, Shri Joseph is put up at Pelican Centre, Kulayettikkara, Kanjiramattom. The last request made by Devassy's son Joshy has been acceded to by this Court by allowing to partition the property belonging to Devassy. Devassy has expressed before this Court that he has no objection in partitioning the property by metes and bounds and giving one half share to Joshy and the other half to Joseph. Accordingly, a draft settlement deed is produced. It is submitted that Devassy is unable to move out from the place where he has been put up. 4. The writ petitions are disposed of with the following directions: i. The property being situated within the jurisdiction of Sub Registrar, Angamaly, and the present place of residence of Devassy being Thalayolaparambu, I direct the Sub Registrar, Angamaly, and the Sub Registrar, Thalayolaparambu, to facilitate **W.P.(C).Nos. 20598/2008, 693/2011, 10123/2013 & 30652/2016** ## -:9:- registration of the settlement deed executed by Devassy. ii. The original prior title deeds shall be kept with the Family Trust. iii. The prohibition order effected in this matter prohibiting alienation is hereby lifted. iv. Regarding the expenses to be met for registration, an amount of Rs.50,000/- shall be paid by Joshy and Rs.50,000/- shall be withdrawn from the Fixed Deposit of Joseph at the State Bank of India, Nedumbasseri. v. Adv. N.N.Girija, is authorised to withdraw Rs.50,000/- (Rupees fifty thousand only) from the said Fixed Deposit account of Joseph for the above purpose. vi. In addition to Rs.50,000/-, Adv. N.N.Girija is also permitted to withdraw a sum of Rs.10,000/(Rupees ten thousand only) towards remuneration from the above Fixed Deposit account. **W.P.(C).Nos. 20598/2008, 693/2011, 10123/2013 & 30652/2016** -:10:- vii. The Fixed Deposit receipts pertaining to Devassy and his son Joseph shall be kept in safe custody of the Bank itself and it shall be released only based on the orders of the competent Court. viii. The Pelican Centre, Kulayettikkara, is directed to report before this Court about the affairs of Joseph, periodically, once in six months. ix. It is made clear that if there is any violation by Joshy in carrying on the bunk, the Municipality is free to take action in accordance with law. Sd/- ## **A.MUHAMED MUSTAQUE, JUDGE** ms **W.P.(C).Nos. 20598/2008, 693/2011, 10123/2013 & 30652/2016** ## -:11:- ## **APPENDIX OF WP(C) 10123/2013** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 COPY OF THE NOTICE DTD.7.1.2013 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 COPY OF THE COMMUNICATION DTD.21.1.2013 ALONG WITH THE CERTIFICATES ISSUED. EXHIBIT P3 COPY OF THE APPLICATION DTD.6.2.2013 SUBMITTED TO THE 1ST RESPONDENT. EXHIBIT P4 COPY OF THE RECEIPT ISSUED FOR EXT.P3 APPLICATION.** **W.P.(C).Nos. 20598/2008, 693/2011, 10123/2013 & 30652/2016** -:12:- ## **APPENDIX OF WP(C) 30652/2016** **PETITIONER'S EXHIBITS** **EXHIBIT P1 A TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER'S COUNSEL DATED 18.06.2016.** **W.P.(C).Nos. 20598/2008, 693/2011, 10123/2013 & 30652/2016** -:13:- ## **APPENDIX OF WP(C) 20598/2008** **PETITIONER'S EXHIBITS** **EXHIBIT P1** **TRUE COPY OF THE ORDER ISSUED BY THE CONSUMER'S GRIEVANCE REDRESSAL FORUM OF THE KSEB DT.02.04.08.** **EXHIBIT P2** **THE TRUE COPY OF THE REQUEST DATED 21.12.16.** **EXHIBIT P3 THE TRUE COPY OF THE INTIMATION DATED 13.01.2017.** ## **RESPONDENT EXHIBITS:** **EXHIBIT R1(a) PHOTOCOPY OF THE CERTIFICATE ISSUED BY MUNICIPALITY, ANGAMALY DATED 28.05.2003.** **EXHIBIT R1(b) PHOTOCOPY OF THE LETTER DATED 20.06.03 ISSUED BY THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, KALADY TO THE 3RD RESPONDENT.** **EXHIBIT R1(c) PHOTOCOPY OF THE REPLY LETTER DATED 07.12.2004 BY 3RD RESPONDENT TO THE 4TH RESPONDENT.** **EXHIBIT R1(d) PHOTOCOPY OF THE LETTER OF ANGAMALY MUNICIPALITY DATED 27.01.2005 TO THE 3RD RESPONDENT.** **EXHIBIT R1(e) PHOTOCOPY OF THE NOTICE FOR DISMANTLING CONNECTION DATED 10.02.2005 BY 4TH RESPONDENT TO THE PETITIONER.** - **EXHIBIT R1(f) PHOTOCOPY OF THE REPLY OF EXECUTIVE ENGINEER DATED 08.02.2005 TO THE PETITIONER.** **EXHIBIT R1(g) PHOTOCOPY OF THE ORDER OF CDRF DATED 29.07.2005.** **W.P.(C).Nos. 20598/2008, 693/2011, 10123/2013 & 30652/2016** -:14:- ## **PETITIONER'S EXHIBITS** **EXHIBIT P1** **TRUE COPY OF THE ORDER ISSUED BY THE CONSUMER'S GRIEVANCE REDRESSAL FORUM OF THE KSEB DT.02.04.08.** **EXHIBIT P2** **THE TRUE COPY OF THE REQUEST DATED 21.12.16.** **EXHIBIT P3** **THE TRUE COPY OF THE INTIMATION DATED 13.01.2017.** **RESPONDENT EXHIBITS:** **EXHIBIT R1(a) PHOTOCOPY OF THE CERTIFICATE ISSUED BY MUNICIPALITY, ANGAMALY DATED 28.05.2003.** **EXHIBIT R1(b) PHOTOCOPY OF THE LETTER DATED 20.06.03 ISSUED BY THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, KALADY TO THE 3RD RESPONDENT.** - **EXHIBIT R1(c) PHOTOCOPY OF THE REPLY LETTER DATED 07.12.2004 BY 3RD RESPONDENT TO THE 4TH RESPONDENT.** - **EXHIBIT R1(d) PHOTOCOPY OF THE LETTER OF ANGAMALY MUNICIPALITY DATED 27.01.2005 TO THE 3RD RESPONDENT.** - **EXHIBIT R1(e) PHOTOCOPY OF THE NOTICE FOR DISMANTLING CONNECTION DATED 10.02.2005 BY 4TH RESPONDENT TO THE PETITIONER.** **EXHIBIT R1(f) PHOTOCOPY OF THE REPLY OF EXECUTIVE ENGINEER DATED 08.02.2005 TO THE PETITIONER.** **EXHIBIT R1(g) PHOTOCOPY OF THE ORDER OF CDRF DATED 29.07.2005.** **W.P.(C).Nos. 20598/2008, 693/2011, 10123/2013 & 30652/2016** -:15:- ## **APPENDIX OF WP(C) 693/2011** ## **PETITIONER'S EXHIBITS** **EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 11.08.2009 ISSUED BY THE 5TH RESPONDENT.** **EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN W.P. (c) NO.35750 OF 2008. EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN W.P. (c) NO.23250/09. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 22.10.2009 ISSUED BY THE THIRD RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.32601 OF 2009 OF THE SECOND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 15.11.2010 OF THE SECOND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 20.08.2010 ISSUED BY THE FOURTH RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 30.08.2003 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.** **RESPONDENTS' EXHIBITS:** **ANNEXURE-1 TRUE COPY OF THE COVERING LETTER DATED 08.08.2008 SUBMITTED BEFORE THE VILLAGE OFFICE. ANNEXUREE-11 TRUE COPY OF THE PHOTOGRAPHS OF THE SERIES WORK GOING ON IN THE DISPUTED PROPERTY UNDER MY SUPERVISION.**