IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WA.No. 1187 of 2009 ------------------------------------ AGAINST THE JUDGEMENT IN OP.18166/2002 Dated 26/03/2009 .................... APPELLANT/PETITIONER ------------------------------------ ERAYALEATH VEETTIL DAMODARAN, AGED 60 YEARS,S/O.LATE M.P.CHERIYA RAMAN, EDANAD P.O.,KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER,KANNUR. 3. THE ASSISTANT EXECUTIVE ENGINEER, N.H.SUB DIVISION,KANNUR. 4. THE ASSISTANT COLLECTOR,THALASSERY. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1187 of 2009 ------------------------------------------ Dated, this the 10th day of June, 2009 JUDGMENT S.R.Bannurmath, C.J. The writ petitioner aggrieved by the order of the learned Single Judge dated 26th March, 2009 rejecting his writ petition, has filed this writ appeal. The prayer of the writ petitioner/appellant was to quash the orders Exts.P5, P6, P8 and P9 passed by the original, appellate and revisional authorities under the Kerala Land Conservancy Act. The authorities have initiated proceedings against the petitioner/appellant under the said Act for evicting him from portion of the land in R.S.No.55/5B of Kunhimangalam Village on the ground that the land belonged to the PWD and the petitioner/appellant has encroached the same. We do not find any illegality in the order passed by the learned Single Judge since the findings are based on the orders passed by the three competent authorities by verifying the facts and W.A.No.1187 of 2009 - 2 - circumstances. 2. It is the contention of the appellant that his land does not fall within the boundaries of R.S.No.55/5B. If the petitioner/appellant is aggrieved by the identity of the property, it is open for him to approach the civil authority in this regard, if it is permissible. We make it clear that the judgment of the learned Single Judge will not stand in the way of the petitioner/appellant taking such a course of remedy if available. In the meanwhile the status quo to be maintained for a period of four weeks from today. Subject to the above observations and directions the writ appeal stands dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns The second sentence “If the petitioner/appellant is aggrieved by the identity of the property, it is open for him to approach the civil authority in this regard, if it is permissible.”, occurring in paragraph 2 of the judgment (Contd.......3) W.A.No.1187 of 2009 - 3 - dated 10/6/2009 in W.A.No.1187/2009 is deleted and substituted by the sentence “If the petitioner/appellant is aggrieved by the identity of the property or any other available grounds, it is open for him to approach the civil court in this regard, if it is permissible.” as per order dated 7/7/2009 in R.P.No.639/2009 in W.A.No.1187/2009. Sd/- Registrar (Judicial)