IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 19857 of 2008(L) -------------------------- PETITIONER: ------------ MR.JOSE @ PAPPACHAN AGED 67, S/O. DEVASSYKUTTY KUDIYIRIPPIL HOUSE (KOTTAKKA) MATTOR VILLAGE ALUVA TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION SECRETRIAT, THIRUVANANTHAPURAM 2. ASSISTANT EXECUTIVE ENGINEER EDAMALAYAR IRRIGATION PROJECT (CHALAKKUDY IRRIGATION PROJECT) SUB DIVISION, CHALAKKUDY. 3. ASSISTANT ENGINEER IRRIGATION SECTION, ANGAMALY. BY GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.19857 of 2008 ================== Dated this the 10th day of July, 2008 J U D G M E N T The petitioner claims to be the owner of 1 acre and 26 cents of land, through which there is a canal managed by the 2nd respondent, which was constructed by acquiring properties from the petitioner also. The petitioner's complaint in this writ petition is that now the 2nd respondent is taking steps to take over a portion of the petitioner's properties, although the same was not acquired, on the ground that that property also forms part of the canal. Although the petitioner filed a request to measure and fix boundaries of the canal as per the land acquisition plan, the same was rejected. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. To declare that the irrigation department is not entitled to have any land in excess of what is actually acquired by them through legal process. ii. To issue a writ of mandamus or any other appropriate writ order or direction, directing respondents 2 and 3 to conduct a proper measurement of the properties covered by Exhibit P8 on the basis of the concerned land acquisition plan.” 2. However, today the petitioner produced for my perusal w.p.c.19857/08 2 a copy of the letter dated 4.7.2008 received from the 3rd respondent to the effect that the petitioner's application has been forwarded along with the resurvey sketch to the Survey Deputy Director, Kakkanadu, The Tahsildar, Aluva, the Assistant Executive Engineer, Irritation Sub Division No.2, Chalakkudy, for further proceedings. The petitioner, therefore, submits that the writ petition may be disposed of recording the above proceedings and directing the respondents not to take any further steps before the proceedings are completed. I am of opinion that if the petitioner is actually in possession of any property, if the respondents have a case that it is Government land, the petitioner can be dispossessed only after complying with the procedural requirements under the Land Conservancy Act and Rules. I have no reason to assume that the respondents would do the same without complying with the principles of natural justice. Therefore, leaving the petitioner to pursue the communication dated 4.7.2008 received by him, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.19857/08 3