IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 29773 of 2008(T) -------------------------- PETITIONER(S): --------------- K.KRISHNAN, S/O CHATHU, AGED 63 YEARS, PARAPPURATH HOUSE, CHERUKAVU AMSOM, PENGAD DESOM, ERANADU TALUK, MALAPPURAM DIST. BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): --------------- P.W.D. ROADS, MANJERI, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI. DILEEP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.29773/08 ----------------------------------------------------------- EXT.P1 TRUE COPY OF POSSESSION CERTIFICATE. EXT.P2 TRUE COPY OF PHOTOGRAPH. EXT.P3 DO. DO. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29773 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th August, 2009. J U D G M E N T The petitioner is aggrieved by the alleged action of the respondents in encroaching into the petitioner's property for the purpose of widening a road by the side of the petitioner's property without initiating any proceedings for acquisition of the land. 2. A statement has been filed, in which the respondent would take the contention that it is the petitioner who has encroached into the Government land and he initially expressed consent for demolishing the boundary wall of the petitioner and to surrender the encroached portion of the property and that is why proceedings have been initiated. But, the learned counsel for the petitioner would dispute the same. According to him, the petitioner has never admitted that he has encroached into any Government land. He also points out that in the statement filed, it is stated that the offer of the respondent is to reclaim the land which was originally surrendered by the petitioner. According to him, the petitioner never surrendered any land to the Government. 3. In view of the above dispute, I am of opinion that the respondent cannot forcibly take possession of the petitioner's property without first completing the procedure prescribed under the Kerala Land Conservancy Act. Accordingly, the writ petition is disposed of with a direction that if the respondent wants to take possession of any land in the possession of the petitioner, the same shall only be W.P.C. No. 29773/08 -: 2 :- after completing the procedure prescribed under the Kerala Land Conservancy Act and rules. It would also be open to the petitioner to approach the civil court for appropriate remedies, if he is entitled to. Sd/- S. Siri Jagan, Judge. Tds/