IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 5777 of 2009(N) ------------------------- PETITIONER(S): --------------- U.SUGATHAN, RESIDING AT SUGATH, SEA ROACK ROAD, KOVALAM, KOVALAM P.O. VIZHINJAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.VADAKARA V.V.N.MENON SRI.T.N. SUKUMARAN RESPONDENT(S): --------------- 1. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, NEYYATTINKARA. 2. THE TALUK SURVEYOR, TALUK OFFICE, NEYYATTINKARA. 3. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 5. THE VILLAGE OFFICER, VIZHINJAM VILLAGE, NEYYATTINKARA TALUK. 6. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SR. P.N. SATHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 5777 OF 2009 ------------------------ Dated this the 27th day of February, 2009. JUDGMENT Petitioners 1 and 2 sought for in this writ petition is as follows; “(i)Issue a writ of prohibition or any other appropriate writ or order prohibiting and restraining the respondents, particularly respondents 1 to 4 and their subordinates and fellow officers from doing anything against the petitioner and his properties, particularly the Hotel Linchues and his residential building or doing anything to obstruct his peaceful business in Hotel Linchues and his comfortable residence with family in his house namely Sugath. (ii)Issue a writ of certiorari or any other appropriate writ and quash Exts.P20 and P21 notices and also Ext.P22 order passed by the Ist respondent. The provocation for filing this writ petition is mainly Exts.P17 and 21 notices issued by the first respondent under Section 12 of the Land Conservancy Act. These notices are concerning the properties mentioned therein WP(c).No.5777/09 2 situated in Survey Nos.34/6 and 29/13 of Vizhinjam Village. Petitioner submits that, though he does not own or claim ownership or possession over any property situated in the Survey numbers mentioned in Exts.P17 and P21 notices, under the cover of the said notices, he is apprehending that damage will be caused to the properties covered by his title deeds. As at present I have no reason to think that the respondents will create any havoc as the petitioner apprehends. Be as it may, having regard to the fact that Exts.P17 and P21 issued under Section 12 of the Kerala Land Conservancy Act, are in respect of the properties situated in survey Nos.34/6 and 29/13 of Vizhinjam Village, I direct that anything that is done by the respondents on the strength of Exts.P17 and P21 shall be confined to the properties mentioned in the notices. Petitioner shall produce a copy of the judgment before the Ist respondent for compliance. Writ Petition is disposed of as above. vi (ANTONY DOMINIC) JUDGE WP(c).No.5777/09 3 vi/ WP(c).No.5777/09 4