IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 35364 of 2010(U) -------------------------- PETITIONER: ------------------ HAMZA, S/O.HYDRU, PALATHINGAL HOUSE, MULLOORKARA, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ----------------------- 1. TALUK SURVEYOR, THALAPILLY TALUK, WADAKKANCHERRY, PIN-680 582. 2. VILLAGE OFFICER, MULLOORKARA, THRISSUR DISTRICT-680 583. BY GOVERNMENT PLEADER, SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, ALONG WITH WPC NO. 35444 OF 2010 & WP(C) NO. 36895/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vk ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) Nos.35364, 35444 & 36895 of 2010 ``````````````````````````````````````````````````````` Dated this the 10th day of December, 2010 J U D G M E N T In these writ petitions, petitioners claim title over various extents of land covered by Exts.P1 to P3 purchase certificates in W.P.(C) No.35364/2010, Exts.P1 and P3 partition deeds and Ext.P2 purchase certificate in W.P.(C) No.35444/2010 and Exts.P1 and P3 partition deeds and Ext.P2 purchase certificate in W.P.(C) No.36895/2010. 2. Petitioner in W.P.(C) No.35364/2010 has been issued Ext.P5 notice and petitioners in W.P.(C) Nos.35444/2010 and 36895/2010 have been issued Ext.P4 notices, proposing to survey the lands in their possession. According to the petitioners, on the basis of the aforesaid notices, they are being threatened of dispossession from the properties covered by their title deeds. It is alleged that these proceedings, issued without following any procedure under the Kerala Land Conservancy Act or other statutes, are illegal W.P.(C) No.35364/10 & connected cases : 2 : and on that basis, these writ petitions have been filed. 3. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, more than 600 acres of land situated in survey No.190/1 of Mullurkara village has been taken over by the Government under the Kerala Land Reforms Act. It is stated that the respondents had a doubt that a portion of the aforesaid land has been encroached upon by various private parties. It is stated that it is because of the above, in order to confirm the correctness of the above allegation that a survey was ordered to be conducted and it was on that basis, the notices mentioned above were issued to the petitioners. It is stated that survey will be conducted and in case it is found that any Government land is in the possession of the petitioners or anybody else, proceedings under the Kerala Land Conservancy Act will be initiated and appropriate action to get the land recovered from the illegal occupants will be taken. W.P.(C) No.35364/10 & connected cases : 3 : 4. As already seen, the apprehension on the basis of which these writ petitions were filed is that without complying with the statutory provisions, the petitioners are threatened to be dispossessed from the land in their possession. From the submissions made by the learned Government Pleader, it is evident that what is proposed to be done is to conduct a survey to confirm whether there is any land under encroachment and if so, to initiate proceedings in accordance with law to recover the same and that such a procedure will necessarily be with notice to the petitioners. Therefore, the apprehension on the basis of which these writ petitions have been filed cannot be said to be with any factual foundation. In that view of the matter, all that is necessary is to record the submission made by the learned Government Pleader and close these writ petitions on that basis. I do so. Sd/- (ANTONY DOMINIC, JUDGE) aks