Kerala High Court
Rajeev K.R vs The District Collector, Ernakulam on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) NO. 27398 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 27398 OF 2024
PETITIONERS:
1 RAJEEV K.R.
AGED 55 YEARS
S/O RAMAKRISHNAN, KARIMPANACKAL HOUSE
NEELESWARAM P.O., KALADY,
ERNAKULAM DISTRICT, PIN - 683574
2 GOPI K.K.
AGED 62 YEARS
S/O KUTTAPPAN, KARIMPANACKAL HOUSE
NEELESWARAM P.O., KALADY
ERNAKULAM DISTRICT, PIN - 683574
3 SAJEEV V. U.
AGED 56 YEARS
S/O URUMISE, VARAPUZHAKARAM HOUSE
NEELESWARAM P.O., KALADY
ERNAKULAM DISTRICT, PIN - 683574
4 AGITH K. J.
AGED 54 YEARS
S/O K. JAYADEVAN, KALAPPURACKAL HOUSE,
NEELESWARAM P.O., KALADY
ERNAKULAM DISTRICT, PIN - 683574
5 GRACYKUTTY
AGED 69 YEARS
W/O. E.V. DEVASSYKUTTY, EKKAM HOUSE,
NEELEESWARAM P.O., KALADY, ERNAKULAM DISTRICT,
PIN -683574, REPRESENTED BY THE POWER OF ATTORNEY
HOLDER, DEKCY POLY, AGED 44 YEARS,
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D/O E.V. DEVASSYKUTTY, KAIPRAMBATTU HOUSE
MOOKKANNUR P.O., ERNAKULAM DISTRICT,
PIN - 683577
6 DEKCY POLY
AGED 44 YEARS
D/O E.V. DEVASSYKUTTY KAIPRAMBATTU HOUSE
MOOKKANNUR P.O., ERNAKULAM DISTRICT,
PIN - 683577
7 BETTY TOJO
AGED 43 YEARS
D/O E.V. DEVASSYKUTTY, CHAKKALAKKAL HOUSE,
MELADOOR P.O., ANNAMANADA, THRISSUR DISTRICT,
PIN- 680741, REPRESENTED BY THE POWER OF ATTORNEY
HOLDER, DEKCY POLY, AGED 44 YEARS,
D/O E.V. DEVASSYKUTTY, KAIPRAMBATTU HOUSE,
MOOKKANNUR P.O., ERNAKULAM DISTRICT,
PIN - 683577
8 ROYALI JAYMON
AGED 40 YEARS
D/O E.V. DEVASSYKUTTY,
ELAMKUNNAPUZHA PAROKKARAN HOUSE,
NEAR GOVERNMENT POLYTECHNIC ROAD,
KIZHAKKUMMURI, KORATTY SOUTH, THRISSUR DISTRICT,
PIN- 680308, REPRESENTED BY THE POWER OF ATTORNEY
HOLDER, DEKCY POLY, AGED 44 YEARS,
D/O E.V. DEVASSYKUTTY, KAIPRAMBATTU HOUSE,
MOOKKANNUR P.O., ERNAKULAM DISTRICT,
PIN - 683577
BY ADVS.
M.A.SHAJI
K.R.JINAN
VINAY MATHEW JOSEPH
K.J.KARTHIKA
WP(C) NO. 27398 OF 2024
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RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM
COLLECTORATE, KAKKANAD, ERNAKULAM,
PIN - 682030
2 THE SUPERINTENDENT OF SURVEYS
COLLECTORATE, KAKKANAD, ERNAKULAM,
PIN - 682030
3 THE TAHASILDAR (LR)
TALUK OFFICE, MINI CIVIL STATION,
CIVIL STATION ROAD, PERIYAR NAGAR,
ALUVA, PIN - 683101
4 TALUK SURVEYOR
TALUK OFFICE, MINI CIVIL STATION,
CIVIL STATION ROAD, PERIYAR NAGAR,
ALUVA, PIN - 683101
5 THE ASSISTANT EXECUTIVE ENGINEER
PWD ROADS, SUB DIVISION, ALUVA,
ERNAKULAM, PIN - 683101
6 ASSISTANT ENGINEER
PWD ROADS, ANGAMALI, ERNAKULAM,
PIN - 683572
OTHER PRESENT:
RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The 5th respondent issued Ext.P8 series of Form B notices to
the petitioners under Section 12 of Kerala Land Conservancy Act,
alleging encroachments into public property in Sy.No.388 of
Kalady Village. The extent of the land encroached together with
the nature of encroachment by each petitioner has been shown in
the notices. The petitioners gave Ext.P11 representations to the
5th respondent in answer to Ext.P8 series notices refuting the
alleged encroachment into the puramboke land.
2. The writ petition has been filed to give a direction to
the 5th respondent to consider Ext.P11 series representations and
pass orders before considering Ext.P8 series notices. There is
also a prayer to direct the 5th respondent to keep in abeyance
Ext. P8 series notices till orders are passed in Ext.P11 series
representations.
3. In the meanwhile, the 3rd respondent issued Ext.P15
notice to the petitioners, informing them that the survey of the
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properties of the petitioners was scheduled on 24.08.2024 at 11
am and directing them to be present and to co-operate with the
survey.
4. I have heard Sri. M.A.Shaji, the learned counsel for
the petitioners and Sri.Rajeev Jyothish George, the learned
Government Pleader.
5. Ext.P8 series is only a show cause notice issued under
Section 12 of Kerala Land Conservancy Act. The petitioners were
directed to show cause why proceedings under the Kerala Land
Conservancy Act should not be initiated for the alleged
encroachment into the public property. The petitioners have
given a reply to Ext.P8 series in the form of Ext.P11
representations. The case of the petitioners is that there is no
encroachment as alleged. It is further stated that the resurvey
was implemented and became final way back in 1993 and the
petitioners have fenced their properties and constructed
buildings. According to them, since the resurvey has been
approved and implemented, the petitioners cannot be evicted
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from their properties without any proper procedure as
contemplated under Surveys and Boundaries Act. The learned
counsel for the petitioners submitted that without considering
Ext.P11 representations, now the respondents are proceeding to
survey the properties. A reading of Ext.P15 would show that it
has been issued on the basis of the filing of the above writ
petition. It appears that the 3 rd respondent wants to survey the
properties of the petitioners and the Government land to find out
whether there is any encroachment into the puramboke land or
not. The 3rd respondent has every right to conduct such a survey.
The fact that the re-survey was finalised in 1993 is not a bar to
conduct measurement of the property again to find out whether
there is encroachment into the puramboke land. However, while
conducting such a survey/measurement, the petitioners should
be heard. The contention of the petitioners that there is no
encroachment into the puramboke land and they are possessing
land only on the basis of their title deed also is to be taken into
account.
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Hence, this writ petition is disposed of with a direction to
the 3rd respondent to complete the survey and to find out
whether there is any encroachment into the puramboke land or
not. The petitioners should be heard and given adequate
opportunity to substantiate their contention that there is no
puramboke land. After the finalization of the survey, the 3 rd
respondent shall hand over the report and sketch to the 5 th
respondent for further action, if any. Till that period, Ext.P8
series notices shall be kept in abeyance.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) NO. 27398 OF 2024
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APPENDIX OF WP(C) 27398/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE BASIC LAND TAX
RECEIPT NO. KL07040702290/2024 ISSUED BY
THE VILLAGE OFFICER, KALADY VILLAGE TO
THE 1ST PETITIONER DATED 16.04.2024
EXHIBIT P1(A) THE TRUE COPY OF THE BASIC LAND TAX
RECEIPT NO. KL07040704120/2024 ISSUED BY
THE VILLAGE OFFICER, KALADY VILLAGE TO
THE 2ND PETITIONER DATED 29.05.2024
EXHIBIT P1(B) THE TRUE COPY OF THE BASIC LAND TAX
RECEIPT NO. KL07040705651/2024 ISSUED BY
THE VILLAGE OFFICER, KALADY VILLAGE TO
THE 3RD PETITIONER DATED 16.07.2024
EXHIBIT P1(C) THE TRUE COPY OF THE BASIC LAND TAX
RECEIPT NO. KL07040703333/2024 ISSUED BY
THE VILLAGE OFFICER, KALADY VILLAGE TO
THE 4TH PETITIONER DATED 14.05.2024
EXHIBIT P1(D) THE TRUE COPY OF THE BASIC LAND TAX
RECEIPT NO. KL07040708090/2022 ISSUED BY
THE VILLAGE OFFICER, KALADY VILLAGE IN
THE NAME OF OUSEPH VAREETH DATED
20.09.2022
EXHIBIT P2 THE TRUE COPY OF THE NOTICE NO. GL/14-15
DATED 25.3.2015 ISSUED BY THE 5TH
RESPONDENT TO THE 1ST PETITIONER
EXHIBIT P3 THE PHOTOGRAPH SHOWING THE PRESENT
STATUS OF THE BOUNDARY WALL OF THE 1ST
PETITIONER TOGETHER WITH THE SURVEY
STONE LAID BY PWD IN THE YEAR 2015
EXHIBIT P4 THE PHOTOGRAPH SHOWING THE PRESENT
STATUS OF THE BOUNDARY WALL OF THE 2ND
PETITIONER TOGETHER WITH THE SURVEY
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STONE LAID BY PWD IN THE YEAR 2015
EXHIBIT P5 THE TRUE COPY OF THE SKETCH ISSUED BY
THE VILLAGE OFFICER, KALADY TO THE 1ST
PETITIONER DATED NIL
EXHIBIT P6 THE TRUE COPY OF THE NOTICE NO. C1
6638/19 UNDER FORM NO. 6 IN SURVEY
MANUAL ISSUED BY THE 4TH RESPONDENT TO
THE 1ST PETITIONER DATED 12.01.2024
EXHIBIT P7 THE TRUE COPY OF THE NOTICE NO. C1
6638/19 UNDER FORM NO. 6 IN SURVEY
MANUAL ISSUED BY THE 4TH RESPONDENT TO
THE 2ND PETITIONER DATED NIL
EXHIBIT P8 THE TRUE COPY OF THE NOTICE UNDER FORM
NO. B IN SECTION 12 OF THE LAND
CONSERVANCY ACT ISSUED BY THE 5TH
RESPONDENT TO THE 1ST PETITIONER DATED
13.5.2024
EXHIBIT P8(A) THE TRUE COPY OF THE NOTICE UNDER FORM
NO. B IN SECTION 12 OF THE LAND
CONSERVANCY ACT ISSUED BY THE 5TH
RESPONDENT TO THE 2ND PETITIONER DATED
13.5.2024
EXHIBIT P8(B) THE TRUE COPY OF THE NOTICE UNDER FORM
NO. B IN SECTION 12 OF THE LAND
CONSERVANCY ACT ISSUED BY THE 5TH
RESPONDENT TO THE 3RD PETITIONER DATED
13.5.2024
EXHIBIT P8(C) THE TRUE COPY OF THE NOTICE UNDER FORM
NO. B IN SECTION 12 OF THE LAND
CONSERVANCY ACT ISSUED BY THE 5TH
RESPONDENT TO THE 4TH PETITIONER DATED
13.5.2024
EXHIBIT P8(D) THE TRUE COPY OF THE NOTICE UNDER FORM
NO. B IN SECTION 12 OF THE LAND
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CONSERVANCY ACT ISSUED BY THE 5TH
RESPONDENT IN THE NAME OF DEVASSYKUTTY
DATED 13.5.2024
EXHIBIT P9 THE TRUE COPY OF THE APPLICATION UNDER
RTI ACT SUBMITTED BY THE 4TH PETITIONER
BEFORE THE 6TH RESPONDENT DATED
16.05.2024
EXHIBIT P10 THE TRUE COPY OF THE REPLY GIVEN BY THE
6TH RESPONDENT TO THE 4TH PETITIONER
UNDER RTI ACT DATED 12.6.2024
EXHIBIT P11 THE TRUE COPY OF THE
REPLY/REPRESENTATION SUBMITTED BY THE
1ST PETITIONER BEFORE THE 5TH RESPONDENT
16.05.2024
EXHIBIT P11(A) THE TRUE COPY OF THE
REPLY/REPRESENTATION SUBMITTED BY THE
2ND PETITIONER BEFORE THE 5TH RESPONDENT
DATED 16.05.2024
EXHIBIT P11(B) THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 3RD PETITIONER BEFORE
THE 5TH RESPONDENT DATED NIL
EXHIBIT P11(C) THE TRUE COPY OF THE
REPLY/REPRESENTATION SUBMITTED BY THE
4TH PETITIONER BEFORE THE 5TH RESPONDENT
DATED 16.05.2024
EXHIBIT P11(D) THE TRUE COPY OF THE
REPLY/REPRESENTATION SUBMITTED BY THE
5TH PETITIONER BEFORE THE 5TH RESPONDENT
16.05.2024
EXHIBIT P12 THE TRUE COPY OF THE JUDGMENT IN CON.
CASE (C) NO. 2156 OF 2018 IN WP(C) NO.
40222/ 2016 DATED 05.12.2018
EXHIBIT P13 THE TRUE COPY OF THE NOTICE WITH
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COVERING LETTER NO. FILE NO.
C1/1598/2024 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONERS UNDER FORM
NO. 13 IN RULE 51 AND 52 OF SURVEY AND
BOUNDARIES RULES 1964 DATED 12.06.2024
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 05.12.2018
PASSED BY THE HIGH COURT OF KERALA IN
CON. CASE (C) NO. 2156/2018 IN WP(C) NO.
EXHIBIT P15 TRUE COPY OF THE NOTICE NO. C.1-6638/19
DATED 12.08.2024 BY THE 3RD RESPONDENT
