IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 8387 of 2011(W) ------------------------- PETITIONER: --------------- BABY PANICKER, 'KESAV', KALLIKKAD, MYLAKKARA P.O., NEYYATTINKARA FROM PARVATHY BHAVAN CHOONDUPALAKA, KULATHUMMAL VILLAGE, NEYYATINKARA. BY ADV. MR. GEORGE VARGHESE(PERUMPALLIKUTTIYIL) MR. A.R.DILEEP MR. V.SUNIL KUMAR (PANACHAMOODU) RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT IN THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM-01. 3. DEPUTY COLLECTOR (LR), THIRUVANANTHAPURAM-01. 4. TAHSILDAR, TALUK OFFICE, NEYYATINKARA, PIN 695121. 5. VILLAGE OFFICER, KALLIKKAD, NEYYATTINKARA, THIRUVANANTHAPURAM-695121. BY SENIOR GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 8387 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 17th day of March, 2011 JUDGMENT The petitioner, being aggrieved of the order passed by Deputy Collector (LR) on directing to remove the alleged encroachment, filed Ext. P16 appeal before the District Collector, i.e. second respondent, who in turn considered the matter and passed Ext. P17 order dated 27.01.2011, confirming the order passed by the Deputy Collector and directing the petitioner to remove the encroachment, which is under challenge in this writ petition. 2. The learned Government Pleader appearing for the respondents submits that, the petitioner is having a statutory remedy available under Section 16 of the Land Conservancy Act. It is also brought to the notice of this Court that, a civil dispute is already pending consideration before the Additional Munsiff's Court, Neyyattinkara and eventhough there is an interim order of injunction dated 16.03.2009 in I.A. No. 1076 of 2009 in O.S. No. 132 of 2009, it has been made clear in the last paragraph of the very same order that the said order will not stand in the way of the authorities concerned in proceeding with further steps to cause eviction of W.P. (C) No. 8387 of 2011 2 the encroachers in accordance with the relevant provisions of law. It was in the said circumstances that the the respondents proceeded with further steps, leading to issuance of the impugned orders, which according to the respondents are perfectly within the four walls of law and not assailable under any circumstances. 3. After hearing both the sides, this Court finds that, the petitioner can very well avail the remedy available under Section 16 of the Act, if at all aggrieved in any manner, with regard to the contents of Ext. P17. In the said circumstances, this Court does not propose to go into the merits of the case. The petitioner is relegated to avail the statutory remedy by approaching the Commissioner for Land Revenue, as provided under Section 16 of the Land Conservancy Act. So as to enable the petitioner to pursue such steps, the coercive proceedings, pursuant to Ext. P17, shall be kept in abeyance, for a period of one month. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd