IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WA.No. 132 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15120/2006 Dated 30/11/2010 .................... APPELLANT(S): PETITIONER ------------------------ V.P.JOSEPH,S/O.PAULOSE,VADASSERRY HOUSE, RAMESWARAM VILLAGE,KADEBAGAM,PALLURUTHY,KOCHI. BY ADV. SRI.SABU GEORGE& ADV. SRI. P.B. KRISHNAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR,ERNAKULAM, KOCHI-682021. 3. REVENUE DIVISIONAL OFFICER,FORTKOCHI, KOCHI-682001. 4. TAHSILDAR,KOCHI TALUK OFFICE, KOCHI-682011. 5. KUNJUMOL JAYASENAN,W/O.JAYASENAN, PADANNAYIL HOUSE,KADEBHAGOM,PALLURUTHY, KOCHI-682006. 6. JAYASENAN,PADANNAYIL HOUSE,KADEBHAGOM, PALLURUTHY,KOCHI-682006. 7. CORPORATION OF KOCHI,REP.BY ITS SECRETARY,CORPORATION OFFICE,ERNAKULAM, KOCHI-682011. R1 TO R4 BY G.P. SMT. K. MEERA R7 BY SC. SRI. K. PRAVEEN JOY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W. A. No. 132 of 2011 -------------------------------------------- Dated this the 2nd day of February, 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 2 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 3