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Ravikumar, J.

The petitioner claims to be the absolute owner in possession of 7.550 cents of land in Survey No.660/4 in Rameswaram Village in Kochi Taluk in Ernakulam District. His case is that he applied for and obtained building permit to effect construction thereon and on its strength, he has started construction of a building in terms of approved plan in the said property. While so, he received Ext.P3 notice dated 7.09.2020 requiring him to stop the construction on the ground that in terms of the order of this Court in W.P.(C) No.13816/2020, the question whether the petitioner is actually effecting construction in the property belonging to the Cochin Devaswom Board (CDB) or revenue purampokke is to be ascertained and in that matter, its boundaries have to be demarcated. It is also stated therein that in respect of the aforesaid aspects, for ascertainment and demarcation, direction was already given by this Court to the Revenue Divisional Officer, Kochi. It is to be noted that the allegation against the petitioner is that he has encroached upon 0.0014 For information purpose only hectors in Survey No.613/1 in Rameswaram Village in Kochi Taluk. The dispute to be resolved is whether the said extent comprised in Survey No.613/1 belongs to CDB or whether it is revenue purampokke or whether the petitioner himself is having title over it. Thus, it is obvious that the only allegation against the petitioner, in view of the materials on record, is that he has encroached upon 0.0014 hectors of land comprised in Survey No.613/1 in Rameswaram Village in Kochi Taluk. It can be seen that neither the State nor the CDB got any case that the extent of 7.550 cents of land in Survey No.660/4 in Rameswaram Village in Kochi Taluk is also an encroachment. At any rate, they did not dispute the title of the petitioner over the said extent of land comprised in Survey No.660/4 in Rameswaram Village. In this context, it is relevant to refer to paragraph 8 of the affidavit dated 22.1.2021 accompanying the captioned I.A filed by the writ petitioner. It reads thus:-

2. The above extracted paragraph would reveal that the petitioner himself seeks for a direction to respondents 1 and 2 to demarcate the allegedly encroached land to the extent of 0.0014 hectors in survey No.613/1 and states that he is ready to submit an undertaking that he would keep the said alleged extent of land in tact till final disposal of the writ petition. He also seeks permission to complete the remaining work in the property wherein he is having absolute title and possession situated in Survey No.660/4 in Rameswaram Village in Kochi Taluk.

3. In the circumstances obtained as above, we are of the view that recording the statement in paragraph 8 of the affidavit dated 22.1.2021 and the undertaking made by the learned counsel on behalf of the petitioner in tune with what is stated in paragraph 8, respondents 1 and 2 can be directed to demarcate the aforesaid extent of land. In such circumstances, there will be a direction to respondents 1 and 2 in the writ petition to demarcate 0.0014 hectors in Survey No.613/1 in Rameswaram Village in Kochi Taluk, if not already demarcated, within three days from today. On expiry of the said period, the petitioner would be entitled to go ahead with the For information purpose only construction in the property having an extent of 7.550 cents in Survey No.660/4 in Rameswaram Village in Kochi Taluk if he got absolute title and possession over the same and he shall keep the disputed extent of land viz., 0.0014 hectors in Survey No.613/1 of Rameswaram Village, in tact. The learned Government Pleader shall produce the report and sketch of the alleged encroached land viz., 0.0014 hectors in Survey No.613/1 in Rameswaram Village in Kochi Taluk. Sketch of the same shall be served on all parties in the connected writ petitions.