High Court Kerala High Court

Mary Lonappan vs Maradu Grama Panchayat on 23 May, 2007

Kerala High Court
Mary Lonappan vs Maradu Grama Panchayat on 23 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15171 of 2007(F)


1. MARY LONAPPAN, AGED 62 YEARS,
                      ...  Petitioner
2. M.RAJAPPAN, AGED 57 YEARS,

                        Vs



1. MARADU GRAMA PANCHAYAT, MARADU,
                       ...       Respondent

2. SECRETARY(SPECIAL GRADE),

3. TAHSILDAR, KANAYANNOOR TALUK.

                For Petitioner  :SMT.M.A.VAHEEDA BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :23/05/2007

 O R D E R
                                   K.M.JOSEPH, J.

                    ------------------------------------------

                        W.P.(C).No.15171 OF 2007

                   --------------------------------------------

                      Dated this the 23rd day of May, 2007



                                 JUDGMENT

Case of the petitioners is as follows:

Petitioners are owners of the properties covered by their

respective title deeds and the properties are in the possession of the

petitioners and their predecessors for last more than 40 years. It is

their case that they have not encroached into any portion of the

Aynithodu of the northern side of their property. Earlier when

there was an attempt, they approached this court and the matter is

covered by Ext.P4 judgment of the Division Bench, wherein the

Division Bench directed as follows:

“Question to be decided is whether

petitioners have encroached thodu or canal

puramboke land or not. If they had encroached

the puramboke land, they are liable to be evicted.

In all writ petitions, apart from the ground of

violation of principles of natural justice, it is also

pleaded that before evicting them, property shall

be measured after considering the title deeds

WPC No.15171/07 2

produced by them.

In the above circumstances, we direct the

respondents to measure out the property with

notice to the petitioners before action is taken to

evict them. Documents of title can be produced

by the petitioners before the authorities at that

time. Water logging can be avoided if such

persons are evicted from the puramboke land

according to law. But orders passed and notices

issued without measurement and in violation of

principles of natural justice, are set aside.”

2. Exts.P5 and P6 are notices issued indicating that survey

will be done on 17/05/2007. Petitioners approached this court

praying for a direction to the respondents not to evict the

petitioners from any of the portions of the property under their

possession without following the procedure established by law and

giving a reasonable opportunity to submit their objections to the

measurements proposed to be taken on 17/05/2007 as provided

under law.

3. I heard learned counsel for the petitioners and the

learned counsel appearing for respondents 1 and 2.

4. Learned counsel for the petitioners submits that the

WPC No.15171/07 3

apprehension of the petitioners is that immediately after

measurement is over, they will be dispossessed. if it is found that

there are unauthorised occupation, without calling for objections

and hearing them.

5. Learned counsel for the Panchayat submits that based

on the measurements carried on pursuant to Exts.P5 and P6,

Panchayat will, if it is found that there is unauthorised occupation

of Panchayat land, proceed against the petitioners in accordance

with law.

In such circumstances, I find that there is no basis for any

apprehension. Recording the submission of the learned counsel for

the Panchayat, the writ petition is disposed of.

K.M.JOSEPH

JUDGE

sv.

WPC No.15171/07 4