IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 21337 of 2009(J) --------------------------------------- PETITIONER(S): ------------------------- SADASIVAN PILLAI A.D., ALAPPURATHU HOUSE, KOZHUVALLOOR MURI, MULAKUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADVS. MR.JOMY GEORGE, MR.SEBASTIAN THOMAS. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT. 2. VILLAGE OFFICER, MULAKUZHA, ALAPPUZHA DISTRICT. 3. RADHAMONY AMMA, W/O.KAMALASANAN NAIR, VELLANETHU HOUSE, KOZHUVALLOOR MURI, MULAKUZHA VILLAGE. 4. KAMALASANAN NAIR, VELLANETHU HOUSE, KOZHUVALLOOR MURI, MULAKUZHA VILLAGE. R1 & R2 BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.21337 of 2009-J ------------------------------ Dated this the 8th day of September, 2009. J U D G M E N T The petitioner, who claims to be the owner in possession and enjoyment of a shop room situated in Resurvey No.463/2 and 463/3 of Mulakuzha Village, Chenganoor Taluk, Alappuzha District, has filed this writ petition aggrieved by Ext.P2 order dated 22.7.2009 issued by the Village Officer, Mulakuzha Village directing him to remove the stock kept in his business premises. By Ext.P2, the petitioner has also been informed that in the event of failure to act as directed above, further steps against him will be taken. The petitioner contends that Ext.P2 is an order passed without jurisdiction and even if his shop room is situated in poramboke land, the Village Officer cannot take any action. The learned Government Pleader appearing for respondents 1 and 2 submits on instructions that the Village Officer had only informed the petitioner that his shop room is situated in poramboke land and that the petitioner will be evicted only in accordance with the Kerala Land Conservancy Act by the competent authority namely the Tahsildar. In view of the stand taken by the official respondents, no further orders are called for in this writ petition, except to direct that the petitioner shall be evicted only in accordance with law and by the competent authority. The writ petition is closed with the above observations. Sd/- ab P.N.RAVINDRAN, JUDGE