IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 132 of 2011()
1. V.P.JOSEPH,S/O.PAULOSE,VADASSERRY HOUSE,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY ITS
... Respondent
2. DISTRICT COLLECTOR,ERNAKULAM,
3. REVENUE DIVISIONAL OFFICER,FORTKOCHI,
4. TAHSILDAR,KOCHI TALUK OFFICE,
5. KUNJUMOL JAYASENAN,W/O.JAYASENAN,
6. JAYASENAN,PADANNAYIL HOUSE,KADEBHAGOM,
7. CORPORATION OF KOCHI,REP.BY ITS
For Petitioner :SRI.SABU GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY
Dated :02/02/2011
O R D E R
C .N. RAMACHANDRAN NAIR, &
BHABANI PRASAD RAY, JJ.
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W. A. No. 132 of 2011
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Dated this the 2ndday of January, 2011
JUDGMENT
Ramachandran Nair, J.
This appeal is filed against the judgment of the learned single
Judge declining to interfere with the order issued by the Government
allowing respondents 5 and 6 to continue to reside in the four cents of
land where they were residing for the last 19 years. Counsel for the
appellant submitted that the land occupied by respondents 5 and 6 is
river puramboke and going by the several decisions of this Court
Government should not allow occupation of river or kayal puramboke
land by anybody. Even though we find force in this contention that
puramboke land should not be allowed to be trespassed, in this case we
do not find any scope for interference because Government have not
conferred title of land on respondents 5 and 6 and have only allowed
respondents 5 and 6 to continue under the orders issued by them. As
and when Government arrange for resettlement of persons occupying
puramboke land, it is for the Government to order eviction and
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resettlement of respondents 5 and 6 in a suitable place
W. A. is dismissed with the above observation.
(C.N.RAMACHANDRAN NAIR)
Judge.
(BHABANI PRASAD RAY)
Judge.
kk
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