IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 4804 of 2006(V) ------------------------- PETITIONER: ------------ K.A.JAMEELA, AGED 50 YEARS, W/O.ALI, KUPPAKKATTU HOUSE, KUMBALAM, KANAYANNUR, ERNAKULAM DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DEPUTY DIRECTOR OF SURVEY, KAKKANAD, ERNAKULAM. 3. THE TAHASILDAR, KANAYANNUR TALUK, ERNAKULAM. 4. POLACHAN, S/O.KURIAKOSE, MANIANKOTTU HOUSE, KUMBALAM P.O., KOCHI-6. 5. V.K.RAJAPPAN, S/O.KELAN, VALLATHITHARA VEEDU, KUMBALAM P.O., KOCHI-6. R1TO R3 BY G.P. SRI. M.R. SABA R4 AND R5 BY ADV. SRI.KOSHY GEORGE SRI.GEORGE ZACHARIAH ERUTHICKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ROUGH SKETCH OF THE AREA. EXT.P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 11.10.2004 PREFERRED BEFORE THE FIRST RESPONDENT BY THE PETITIONER. EXT.P4 TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE 2ND RESPONDENT. EXT.P5 STRUE COPY OF THE LETTER DATED 17.1.2005 ISSUED BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT. RESPONDENTS 4 AND 5 EXHIBITS: EXT.R4(a) TRUE PHOTOSTAT COPY OF THE TITLE DEED NO. 3988 OF 2004 OF MARADU SUB REGISTRY. EXT.R4(b) TRUE PHOTOSTAT COPY OF THE CORRECTION DEED NO. 2828 OF 2006 OF MARADU SUB REGISTRY. EXT.R4(c) TRUE PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE IN RE SY. NO. 21, B15 OF KUMBALAM VILLAGE. EXT.R4(d) TRUE PHOTOSTAT COPY OF THE TAX RECEIPT FOR THE YEAR 2007-08 EXT.R4(e) TRUE PHOTOSTAT COPY OF THE O.S.NO.12 OF 2007 OF THE IIIRD. ADDL. MUNISFF'S COURT, ERNAKULAM. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 4804 OF 2006 -------------------------------------------- Dated this the 18th day of February, 2008 JUDGMENT On hearing counsel for the petitioner and counsel appearing for respondents 4 and 5 I apprehend whether the attempt of the petitioner and contesting respondents is to encroach and fill up backwaters or puramboke land adjoining the same. It is stated that civil suit is pending between the parties pertaining to puramboke land. I do not think civil court has any right to decide the issue because this is a matter to be settled by statutory authorities under the Land Conservancy Act or the relevant laws. W.P. is accordingly disposed of directing the District Collector, the first respondent, to get a report from the third respondent after his inspection and decide the matter. If there is encroachment or threatened encroachment the District Collector will take steps to prevent it and if any encroachment is done he will dispossess the encroacher from such land. The Munsiff Court trying O.S.No.12 of 2007 is directed to withhold all proceedings in the suit for a period of two months from now. The District Collector will 2 take a decision as directed above and file a copy of the proceedings before the Munsiff Court and Munsiff Court will consider the same before passing judgment in the matter. If any adverse order is proposed based on third respondent's report against the petitioner or respondents 4 and 5, the District Collector will intimate the same to them and hearing them before any adverse order is passed. Issue photocopy of this judgment tomorrow itself to G.P. who will forward a copy of the judgment to the District Collector immediately. (C.N. RAMACHANDRAN NAIR) Judge kk 3