Kerala High Court
E.P.Harijayananthan Namboothiri vs State Of Kerala on 2 July, 2009
Bench: P.R.Raman, P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20757 of 2007(U)
1. E.P.HARIJAYANANTHAN NAMBOOTHIRI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE COMMISSIONER,
3. THE DISTRICT COLLECTOR,
4. THE CIRCLE INSPECTOR OF POLICE,
5. THE SUB-INSPECTOR OF POLICE,
For Petitioner :DR.K.P.KYLASANATHA PILLAY
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :02/07/2009
O R D E R
P.R. RAMAN & P. BHAVADASAN, JJ.
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W.P.(C) NO. 20757 OF 2007
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DATED THIS, THE 2ND DAY OF JULY, 2009.
J U D G M E N T
Raman, J.
This is a writ petition seeking police protection for removal of the encroachers and for a writ of mandamus directing Respondents 2,3 and 4 to evict the encroachers in the 4 Acres and 28 Cents of T.T.K. Devaswom property.
2. The question as to whether the 4 Acres and 28 Cents are in the possession of encroachers will depend upon the question as to whether these are all Devaswom properties. Therefore, at the first instance, this aspect has to be examined by a competent authority. As per the provisions contained in H.R. & C.E. Act as amended, if it is found that it is a Devaswom property, Malabar Devaswom can initiate action through the District Collector for removal of encroachers by resorting to the provisions contained in the Land Conservancy Act.
3. It is pointed out by the learned counsel appearing on behalf of the petitioner that in the statement filed by the Commissioner, H.R. & C.E. W.P.(C) 20757/2007 :2:
Department, it is admitted that the land belongs to the Devaswom and is encroached upon. Ext.P3 also shows that the Special Officer has reported to take action in this regard.
4. If so, necessarily, it is open to the Malabar Devaswom to initiate action under the new provisions for removal of encroachers after due notice and after hearing the alleged encroachers also. Petitioner shall file the details of the land encroached upon along with a copy of this order, whereupon necessary steps will be taken by the Malabar Devaswom Board. In the circumstances, we direct the Malabar Devaswom Board to initiate action for recovery of the land unless there is no order passed by any competent civil court. The writ petition is closed.
P.R. RAMAN, JUDGE.
P. BHAVADASAN, JUDGE.
KNC/-