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