IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 19632 of 2008(K) -------------------------- PETITIONERS: --------------- 1. M.C.MOHANAN, AGED 46 YEARS, ANINGARA HOUSE, AVANAMCODE, NEDUMBASSERY VILLAGE, ERNAKULAM DISTRICT. 2. VELAYUDHAN, AGED 40 YEARS, THANUKKULAM HOUSE, AVANAMCODE, NEDUMBASSERY VILLAGE, ERNAKULAM DISTRICT. 3. BABU, AGED 34 YEARS, CHERUKULAM HOUSE, AVANAMCODE, NEDUMBASSERY VILLAGE, ERNAKULAM DISTRICT. 4. P.K.NARAYANAN NAIR, AGED 42 YEARS, PERUMBILLIL HOUSE, AVANAMCODE, NEDUMBASSERY VILLAGE, ERNAKULAM DISTRICT. 5. M.A.KARTHIKEYAN, AGED 22 YEARS, MAPPIRIYADAM HOUSE, AVANAMCODE, NEDUMBASSERY VILLAGE, ERNAKULAM DISTRICT. 6. N.P.GOPI, AGED 48 YEARS, NAMBILIYIL HOUSE, AVANAMCODE, NEDUMBASSERY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.KISHOR B. SRIKVIDYASAGAR RESPONDENT(S): --------------- 1. ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION, SUB DIVISION, ALUVA. 2. THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTIN, KALADI. 3. DISTRICT COLLECTOR, ERNAKULAM. GOVERNMENT PLEADER SMT.N.SUDHA DEVI FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.19632/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF LETTER ISSUED BY THE TAHSILDAR, ALUVA DATED 4.6.08 BEARING NO.C1-801/08 TO THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P2: TRUE COPY OF THE REPORT SIGNED BY THE VILLAGE OFFICER, NEDUMBASSERY VILLAGE. EXT.P3: TRUE COPY OF THE NOTICE BEARING NUMBER A3-165/94(OP) DATED 26.5.08 TO N.P.GOPI, MAMPILLY. EXT.P4: TRUE COPY OF OFFICE PROCEEDINGS DATED 26.5.08 BEARING NO.A3-165/94(OP). EXT.P5: TRUE COPY OF NOTICE BEARING NUMBER A3-165/1994(OP) DATED 26.5.08 TO KARTHIKEYAN. EXT.P6: TRUE COPY OF OFFICE PROCEEDINGS DATED 26.5.08 BEARING NO.A3-165/94(OP) ISSUED TO KARTHIKEYAN. EXT.P7: TRUE COPY OF LETTER BEARING NO.A3-165/94(OP) DATED 4.6.08 ADDRESSED TO NAMPILLY GOPI, YOHANNANKARAN, PALLICHATHAN, KALADHARAN,KARTHIKEYAN, JOSE KARIMATTOM. EXT.P8: TRUE COPY OF ORDER BEARING NO.KM1-20/04 DATED 2.6.08 ISSUED BY THE ASSISTANT ENGINEER, KALADI TO P.K.NARAYANAN. EXT.P9: TRUE COPY OF ORDER IN W.P.(C)NO. 36689/07(P) DATED 7.1.08. RESPONDENTS' EXTS: EXT.R1(A): TRUE COPY OF NOTIFICATIONNO.3317/D4/69/RD DT.10.4.1969 IN KG NO.16 DT.22.4.1969 P.I.S(IV) (SRO.NO.1870/86). TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.19632 Of 2008 ----------------------------------------------------- DATED THIS THE 15th DAY OF SEPTEMBER, 2010 JUDGMENT The challenge is against Exhibits P3 to P8 communications whereby the petitioners are sought to be evicted from the purambokku land near Nedumbassery Airport. Various grounds have been raised in the Writ Petition. It is mainly contended that the Tahsildar, Aluva as per Exhibit P1 had requested the District Collector to grant sufficient time for the petitioners to vacate the premises and to include them in the project for distribution of land for the landless people. 2. Notices have been issued by the Assistant Executive Engineer, Minor Irrigation Sub Division, Aluva-the 1st respondent. It is mainly contended in the counter affidavit of the 1st respondent that the Assistant Executive Engineer, Irrigation Department has been empowered with the powers under Section 11 of the Land Conservancy Act within his respective jurisdiction. 3. The communications, therefore, can be challenged by the petitioner before the forum provided under the Land Conservancy Act to entertain appeals from those orders. W.P.(C)No.19632/08 -2- 4. It is pointed out that this Court did not grant any interim order. It is not clear from the counter affidavit whether the petitioners have been actually evicted. I am not expressing anything on that matter, since the parties have to be relegated to avail the statutory remedy of filing appeal. 5. If the petitioners file such appeal/appeals within a period of one month from today before the competent authority under section 16 of the Land Conservancy Act, the same will be entertained and appropriate orders will be passed by the appellate authority after hearing the petitioners . Their claim for assignment of the land will also be considered by the District Collector as requested for by the Tahsildar as per Exhibit P1, if not already considered. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn