IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34611 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ CHENDANKULANGARA UMMER, AGED 52 YEARS, S/O.ABDU, CHENDANKULANGARA HOUSE, VANIYAMBALAM, WANDOOR, NILAMBUR TALUK, PIN - 679 329. BY ADVS. SRI.M.A.ABDUL HAKHIM, SRI.M.G.ANON. RESPONDENT(S): -------------------------- 1. ASSISTANT EXECUTIVE ENGINEER, PWD ROAD SUB DIVISION, PERINTHALMANNA, MALAPPURAM DIST, PIN - 679 322. 2. VILLAGE OFFICER, WANDOOR VILLAGE, NILAMBUR TALUK, PIN - 679 328. 3. TALUK SURVEYOR, NILAMBUR TALUK, NILAMBUR - 679 329. 4. WANDOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, WANDOOR, MALAPPURAM - 679 328. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI. MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34611/2011 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.5707/1995 OF SRO, WANDOOR DTD.21/11/2011. P2: COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DTD. 17/01/1996. P3: COPY OF THE PURCHASE CERTIFICATE DTD. 30/10/1996. P4: COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DTD. 26/03/1997. P5: COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DTD. 12/07/2010. P6: COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DTD.20/1/1998. P7: COPY OF THE LICENSE ISSUED BY THE 4TH RESPONDENT DTD.16/2/2011. P8: COPY OF THE PLAINT IN O.S.NO.58/2009 OF THE MUNSIFF'S COURT, MANJERI DTD. 13/02/2009. P9: COPY OF THE COMMISSION REPORT AND PLAN IN O.S.NO.58/2009 DTD.29/06/2010. P10: COPY OF THE COMMISSION REPORT AND PLAN IN O.S.NO.58/2009. P11: COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ....................................................... W.P.(C).34611/2011 .............................................. Dated this the 22nd day of December, 2011 JUDGMENT The prayer sought in this writ petition reads thus:- “Direct the 1st respondent not to evict the petitioner from his shop bearing Building No.W.P.12/802 of the 4th respondent/Panchayat without conducting an enquiry as contemplated under Section 12 of the Kerala Land Conservancy Act.” 2. Petitioner apprehends that proceedings under the Land Conservancy Act will be initiated to evict him from the shop bearing No.W.P12/802 of the fourth respondent Panchayat. If the shop is in puramboke land, respondents are entitled to take action. However such action can only be in accordance with law. 3. In the above view of the matter, I see no reason why the prayer of the petitioner shall not be granted. In such circumstances, I dispose of this writ petition directing that if the petitioner is to be evicted from the shop room in question, same shall be after complying with the procedures laid down under Section 1 and 12 of the Land Conservancy Act. W.P.(C).34611/11 2 Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the first respondent for compliance. ANTONY DOMINIC, Judge mrcs