IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 OP.No. 24464 of 1998(K) ----------------------- PETITIONER(S): --------------- ST. MARY'S CHURCH, ALAKKODE, KANNUR DIST., REP. BY ITS VICAR FR. GEORGE CHIRAYIL. BY ADV. SRI.BECHU KURIAN THOMAS SRI.GEORGE KUTTY MATHEW RESPONDENT(S): --------------- 1. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KANNUR. 3. THE ASST. EXECUTIVE ENGINEER, (PWD), TALIPARAMBA. 4. THE VILLAGE OFFICER, VELLAD VILLAGE, TALIPARAMBA TALUK, KANNUR DIST. GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/11/2008, ALONG WITH OP NO. 11176 OF 1999 THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 24464/1998. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF SALE DEED DT. 27-4-1955. EXT.P2 NOTICE DT. 25-8-1997. EXT.P3 OBJECTION DT. 5-9-1997. EXT.P4 PROCEEDINGS DT. 23-10-1997 EXT.P5 NOTICE DT. 25-10-1997. EXT.P6 JUDGMENT IN O.P.NO. 19780/1997. EXT.P7 APPEAL MEMORANDUM. EXT.P8 ORDER DT. 30-10-1998. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. Nos. 24464/1998 & 11176/1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th November, 2008. J U D G M E N T In these two original petitions, the petitioners are challenging proceedings initiated under the Kerala Land Conservancy Act, by the Revenue Authorities for eviction of the petitioners from certain lands alleged to be Government land. In the course of the proceedings, there arose a question as to whether the land in question is part of a road which is vested in the concerned Panchayat by virtue of Section 169 of the Kerala Panchayat Raj Act. The District Collector held that the land is Government land and confirmed the order of eviction. In appeal before the Commissioner of Land Revenue, the Commissioner dismissed the petition filed by the petitioners. In O.P.No. 24464/1998, the Commissioner took the stand that the land in question is part of a hill highway under the control of the PWD and it does not come within the purview of Section 169 of the Kerala Panchayat Raj Act. In O.P.No. 11176/1999, the Commissioner took the stand that even if it is Panchayat land, the District Collector is competent to invoke the provisions of the Kerala Land Conservancy Act by virtue of Explanation IV (2) to Section 3 of the Act. It is now pointed out that in Section 169, it is specifically stated that, that Section would operate notwithstanding anything contained in the Kerala Land Conservancy Act, 1957 or in any other law for the time being in force. 2. I have heard the learned counsel for the petitioners as also the learned Government Pleader. 3. I am not inclined to go into the merits of the contentions of the parties in view of the course I am inclined to adopt in these original petitions. The controversy in these two original petitions can be resolved by the revenue authorities by conducting a survey of the properties and measuring the same with notice to all parties, O.P No. 24464/98 & 11176/99 -: 2 :- including the petitioner and the Panchayat. On such measurement, if it is found that the land is Government puramboke, the Revenue Authorities can continue with the proceedings for eviction of the petitioners. If it is found that the land is vested in Panchayat, the Government shall issue appropriate direction to the concerned Panchayat who shall initiate appropriate steps to evict the petitioners from the property. If the land is found to be that of the petitioners, further proceedings under the Kerala Land Conservancy Act shall be dropped. The above proceedings shall be completed as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. The original petitions are disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/