Kerala High Court
G.P.Ramesh Alias Abhilash vs The Revenue Divisional Officer on 16 November, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 22ND DAY OF JANUARY 2014/2ND MAGHA, 1935
WP(C).No. 1720 of 2014 (L)
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PETITIONER :
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G.P.RAMESH ALIAS ABHILASH,AGED 31 YEARS,
S/O.PREMSHANKAR, "SAMPTHRIUPTI",RAJADHANI,
EAST FORT, THIRUVANANTHAPURAM -695 023
BY ADVS.SRI.N.SUBRAMANIAM
SRI.M.S.NARAYANAN
SRI.P.T.GIRIJAN
SMT.USHA NARAYANAN
RESPONDENT(S):
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1. THE REVENUE DIVISIONAL OFFICER,
COLLECTORATE,THIRUVANANTHAPURAM -695 043
2. THE ADDITIONAL TAHSILDAR,
TALUK OFFICE, FORT,THIRUVANANTHAPURAM -695 023
R1 & R2 BY SR GOVERNMENT PLEADER SMT. M.J.RAJASREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-01-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 1720 of 2014 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE ORDER OF TEMPORARY INJUNCTION
DATED 16-11-2000
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 25-09-2009 FILED BY THE
PETITIOENRS BEFORE THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF ORDER DATED 31-12-2010 PASSED BY THE 2ND
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 31-12-2009 ISSUED TO THE
PETITIONERS UNDER RULED 11 OF THE KERAL LAND CONSERVANCY
RULES
EHIBIT P5 TRUE COPY OF ARGUMENT NOTES DATED 02-07-2011 FILED BY THE
COUNSEL FOR PETITIONERS BEFORE THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 13-08-2013 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 04-09-2013 IN
WPC. NO. 20939/2013
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 15-11-2013 PASSED BY THE 1ST
RESPONDENT
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 06-01-2014 ISSUED BY THE 2ND
RESPONDENT
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
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P.R. RAMACHANDRA MENON, J.
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W.P.(C)No.1720 OF 2014
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Dated this the 22nd January, 2014
J U D G M E N T
The petitioner and his predecessor in interest were owners of 3 acres and 48 cents of property comprised in Sy.Nos.1479/1, 1487/AB, 1487/A3, 1487/A4, 1487/A5, 1487/B1, 1488, 1488/A, 1488/B,1489 & 1500 of Kadakampilly Village in Thiruvananthapuram district. According to the petitioner, the said property is having well defined boundaries and was/is being enjoyed for more than five decades. The case of the petitioner is that, on the southern side of the property, there is a water-body, known as 'Aamayizhanchan Thodu', which is admittedly a Government 'Thodu Puramboke'. The petitioner was served with proceedings under the Land Conservancy Act issued by the second respondent/Addl. Tahsildar, alleging encroachment into the 'Thodu Puramboke' and finally, coercive proceedings were taken, driving the petitioner to approach this Court by filing W.P. (C) 20939 of 2013, which was disposed of as per Ext.P7 judgment. Pursuant to the said verdict, the first respondent/RDO passed Ext.P8 order dated 15.11.2013, holding that there was encroachment at the hands of the petitioner into the 'Thodu W.P.(C)No.1720 OF 2014 2 Puramboke' and accordingly, it was ordered to be evicted, thus leading to Ext.P9 notice dated 06.01.2014 issued by the second respondent/Addl.Tahsildar. This made the petitioner to approach this Court by filing this writ petition.
2. Heard the learned Government Pleader as well, who points out with reference to the contents of orders/proceedings under challenge and also with reference to the materials on record, that the case of the petitioner is with regard to the rights over the properties comprised in Sy.Nos.1479/1, 1487/AB, 1487/A3, 1487/A4, 1487/A5, 1487/B1, 1488, 1488/A, 1488/B,1489 & 1500 of Kadakampilly Village, as mentioned already and that no case has been put up by the petitioner with reference to the property comprised in Sy.No. 1501. The 'Thodu puramboke' is admittedly situated in the said survey number (Sy.No.1501) and encroachment made by the petitioner is in respect of the same survey Number, which led to the proceedings vide Exts.P8 and P9. In so far as there is no claim for the petitioner with regard to any right over the property comprised in Sy.No.1501., which is stated as 'Thodu W.P.(C)No.1720 OF 2014 3 Puramboke', encroachment, if any , is liable to be evicted and the property is to be reclaimed. But the question to be considered is whether, in the course of such exercise, any intervention can be made with regard to the property owned, possessed and enjoyed by the petitioners in Sy.Nos.1479/1, 1487/AB, 1487/A3, 1487/A4, 1487/A5, 1487/B1, 1488, 1488/A, 1488/B,1489 & 1500 .
In the said circumstance, this Court finds it fit and proper to cause the property to be measured out by the competent authority with the help of Taluk Surveyor, with notice to the petitioner and other interested parties, if any, in the light of the relevant title deeds and the revenue records. If any encroachment is there in respect of such Sy.No.1501, the respondents are at liberty to proceed with further steps to cause eviction and to have the said property reclaimed from the concerned person/s who is/are in occupation of the said land. The proceedings shall be finalised at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment.
W.P.(C)No.1720 OF 2014 4 The writ petition is disposed of. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned authority for further steps.
P.R.RAMACHANDRA MENON JUDGE lk