IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 6899 of 2006(U) ----------------------------------- PETITIONER: ------------------- PAILY KURIAKOSE, AGED 75 YEARS, S/O.VARKEY PAILY, EDAYIKKAMATTATHIL HOUSE, PINDIMANA P.O., KOTHAMANGALAM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: ---------------------- 1. SUPERINTENDENT OF SURVEY, KAKKANAD. 2. ASSISTANT EXECUTIVE ENGINEER, PVIP SUB DIVISION NO.I, BOOTHATHANKETTU. 3. TAHSILDAR, KOTHAMANGALAM TALUK, KOTHAMANGALAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6899 of 2006(U) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE COPY OF THE WILL EXECUTED BY THE PETITIONER'S FATHER. EXT.P2 - TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 1991-92. EXT.P3 - TRUE COPY OF TAX RECEIPT ISSUED FOR THE YEAR 2004-05. EXT.P4 - TRUE COPY OF THE SKETCH ISSUED IN THE YEAR 1976 IN PROCEEDINGS NO. PVIP NO. 193/76. EXT.P5 - TRUE COPY OF THE STATEMENT SHOWING PARTICULARS OF SUB DIVISION EFFECTED IN PINDIMANA VILLAGE DURING THE YEAR 1976. EXT.P6 - TRUE COPY OF THE MAHAZAR PREPARED AT THE TIME OF ACQUIRING 30 SQ.METRE OF PROPERTY IN SY.NO. 627/2A OWNED BY THE PETITIONER. EXT.P7 - TRUE COPY OF THE REFERENCE LETTER ISSUED TO THE SUB JUDGE, ERNAKULAM WITH REGARD TO THE ACQUISITION OF 0.30 SQ.METRE OF PROPERTY IN SY.NO.627/2A OF PINDIMANA VILLAGE. EXT.P8 - TRUE COPY OF THE PHOTOSTAT COPY OF THE DECREE IN L.A.R. NO. 169/81. EXT.P9 - TRUE COPY OF THE NOTICE DATED 28.2.2006 ISSUED TO THE PETITIONER. EXT.P10 - TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 4.3.2006. RESPONDENT'S EXHIBIT: EXT.R(2) - A TRUE COPY OF THE ACQUISITION SKETCH IN SY.NO.627/2 DEMARCATING ENCROACHMENT. PREPARED BY TALUK SURVEYOR. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.6899 OF 2006 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T Aggrieved by Exhibit P9 notice issued to the petitioner in the matter of alleged encroachment on the property belonging to Periyar Valley Irrigation Project, petitioner has submitted Exhibit P10 reply before the second respondent. 2. There will be a direction to the second respondent to consider Exhibit P10 and pass appropriate orders thereon in accordance with law, with notice to the petitioner, within a period of three months from the date of receipt of a copy of this judgment. Interim order passed by this Court will continue till such time. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 6899 OF 2006 J U D G M E N T 01.09.2008