IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 4191 of 2010(Y) ----------------------------------- PETITIONER(S): ----------------------- TRAVANCORE DEVASWOM BOARD, NANTHACODE,TRIVANDRUM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.PRATHAP PILLAI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TAHSILDAR, PATHANAPURAM. 4. THE VILLAGE OFFICER, ARYANKAVU VILLAGE, ARYANKAVU.P.O., KOLLAM DISTRICT. 5. THE SPECIAL TAHSILDAR, KERALA LAND CONSERVANCY UNIT, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, TRIVANDRUM. 6. GOMATHY, GEETHA BHAVAN, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. 7. MADHU, MADHU BHAVAN, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. tss W.P.(C) NO.4191/2010 8. VANTHAKUMARY, MADHU BHAVAN, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. 9. SOMAN.C., THEKKEPUTHUVAL VEEDU, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. 10. KESAVAN SIVANKUTTY,PUTHENVILA VEEDU, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. 11. DAS,S/O. MATHAI, THEKKEPUTHEN VEEDU, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. 12. GOPALAKRISHNAN, PALACE HOUSE, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. 13. SURENDRAN, VINU BHAVAN, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. 14. K.SIVADASAN, DEEPA VILASAM, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. 15. SUKUMARAN, S/O. OMAL, USHA MANDIRAM, ACHANKOVIL.P.O,VIA-PUNALUR, KOLLAM DISTRICT. R1 TO R5 BY GOVT. PLEADER SRI.LAKSHMINARAYANAN R13 & R14 BY ADV. SMT.SHERLY THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.4191/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DTD. 27.8.1993. P2:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.7.1995. P3:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.8.1995. P4:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 27.5.1999. P5:- COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN D.B.A. 87/2002 DTD. 21.11.2002. P6:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DTD. 8.2.2003. P7:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DTD. 18.2.2003. P8:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DTD. 18.2.2003. P9:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DTD. 19.2.2003. P10:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DTD. 19.2.2003. P11:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DT. 19.2.2003. P12:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DTD. 18.2.2003. P13:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DTD. 19.2.2003. P14:- COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 19.2.2003. P15:- COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER, KOLLAM DATED 30.1.2007. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.4191 of 2010-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of June, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.Notice to the unserved respondents dispensed with in the light of the orders being issued hereunder. 2.As noted by the official respondents themselves in the counter affidavit filed on behalf of respondents 2 and 3, final orders were passed on 18.12.2003. This Court refused to interfere with that matter. The Revenue Divisional Officer had confirmed that order in an appeal. In 2007 January, the Additional Tahsildar had directed the Village Officer, Aryankavu to take immediate steps to evict the encroachers. Merely because in 2008, there is a separate land conservancy unit WPC4191/10 -: 2 :- constituted for the TDB, we cannot now direct transfer of proceedings to that unit. This will only merely drag on the enforcement of the final orders passed under the Land Conservancy Act. We, therefore, require the statutory authorities among the respondents to enforce the eviction proceedings and provide vacant possession of the property in relation to which this writ petition is filed, into the possession of the Travancore Devaswom Board, without fail, within a period of four months from now. The Superintendent of Police, Pathanamthitta is directed to provide all necessary protection as may be sought for by the enforcing land conservancy authorities, including the Tahsildar, Additional Tahsildar, Village Officer etc. We clarify that this judgment will not stand in the way of the Government providing any alternate facility for the encroachers, having regard to the contents of the counter affidavit. However, the time limit fixed for eviction shall be treated as peremptory. We further direct the District Collector, WPC4191/10 -: 3 :- Pathanamthitta and the Additional Tahsildar, Pathanapuram to file action taken reports in this regard before the Registrar General of this Court on or before 11th October, 2011, without fail. If such reports are not obtained, list this matter before the Bench. Communicate copy of this judgment to the District Collector, Pathanamthitta also. The writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. 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