IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 28046 of 2007(L) -------------------------- PETITIONER: ------------ CHANDY K.PHILIP, AGED 52 YEARS, S/O.LATE MATHEW CHANDY, KARUKAPARAMBIL, THANNEERMUKKOM, ALAPPUZHA, REP. BY HIS POWER OF ATTORNEY K.M.JOHN, S/O.LATE K.P.MATHEW, AGED 44 YEARS, KARUKAPARAMBIL, KANNANKARA P.O., ALAPPUZHA. BY ADV. SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY, TOURISM, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA. 3. EXECUTIVE ENGINEER, MAJOR IRRIGATION DIVISION, ALAPPUZHA. BY G.P. SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS; EXT.P1: COPY OF THE POWER OF ATTORNEY DATED 22.8.2005. EXT.P2: COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT HERIN DATED 18.1.2007 IN LAR NO.7/03 TRUE COPY OF THE PETITION DATED 17.7.2007. EXT.P3: COPY OF ATHE SETTLEMENT DEED. EXT.P4: COPY OF THE BASIC TAX RECEIPT DATED 12.2.1993 EXT.P5: COPY OF THE REPRESENTATION DATED 59.2007. /TRUE COPY/ P.A. TO JUDGE PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 28046 of 2007 ---------------------------------- Dated this the 30th day of June , 2008 JUDGMENT The grievance of the petitioner is that on property having an extent of 1.16 acres which belongs to him absolutely by virtue of Ext.P3 document, the respondents are attempting to put up a structure illegally. The adjoining properties were acquired by the Government for tourism purposes. But, as far as the properties covered by Ext.P3 are concerned, no proceedings for acquisition have been initiated. But the Government is trespassing into the petitioner's property by putting up structure. 2. The learned Government Pleader on the basis of the instructions received by him from the District Collector submits that as per the re-survey records, the property claimed by the Government is a Kayal Puramboke. According to the Government Pleader, it is well within the powers of the Government to exercise acts of ownership and possession over Kayal puramboke which belongs to the Government. 3. I do not propose to settle the controversies between the WPC No.28046/2007 2 parties now. But since it is seen that Ext.P5 representation has been submitted by the petitioner before the District Collector, it is only appropriate that the District Collector hears the petitioner on Ext.P5 and takes a decision regarding the petitioner's claim over the property covered by Ext.P3. Accordingly, the writ petition is disposed of issuing the following directions; The second respondent is directed to take up Ext.P5 immediately issue hearing notice to the petitioner, hear the petitioner or his authorized representative and take a correct decision on Ext.P5 in the light of whatever documents are produced by the petitioner before the District Collector including Ext.P3. Decision as directed above will be taken by the second respondent at the earliest and at any rate within six weeks of receiving a copy of this judgment. Till such time decision as directed above is taken, the order of stay against dispossession issued by this court will continue. PIUS C. KURIAKOSE JUDGE dpk