IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 4478 of 2011(H) -------------------------------- PETITIONERS: -------------------- 1. RAVEENDRAN ,S/O.KALIMUTHU, KUTTIYARMALI DIVISION,MATTUPETTI ESTATE, K D H VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. BALASUBRAMANIAN, S/O.SWARNAM, PALLIVASAL ESTATE,MOOLAKADA JUNCTION, MUNNAR, DEVIKULAM TALUK. 3. GANESHAN, S/O.PERUMAL, 4 MURI LAYAM, MUNNAR PO, KDH VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: ----------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, PAINAVU, IDUKKI DISTRICT. 2. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, DEVIKULAM. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. 4. THE VILLAGE OFFICER, K D H VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. R1 TO R4 BY GOVT. PLEADER : SRI. M.P. SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 4478 of 2011 -------------------------- Dated this the 16th March, 2011 J U D G M E N T Petitioners have approached this Court with the following prayers: "A. Call for the records relating to Exts.P1 to P4 from the respondents. B. Issue a writ of mandamus or any other writ or direction or order to the respondents not to interfere in the peaceful possession and enjoyment of properties in Sy.Nos.912 and 843 of KDH Village and not to insist for the demolition of the building constructed by the petitioners therein. C. Issue a writ of mandamus or any other writ or direction or order to the respondents to dispose the application for assignment of the land in Sy. No.s 912 and 843 of KDH Village within a time limit fixed by this Hon'ble Court after affording an opportunity of hearing the petitioners. D. Declare that the petitioners shall not be evicted from the property intheir possession in Sy.Nos912 and 843 of KDH village without initiating proceedings under the Kerala Land Conservancy Act." 2. The learned counsel for the petitioners submits that notwithstanding the recognition of possession of W.P (C) No.4478 of 2011 2 property by the petitioners, as borne by Exts.P1 to P3 possession certificates and in spite of the pendency of the applications for assignment before the concerned authorities, steps are being pursued against the petitioners to dispossess them, without any regard to the rule of law. 3. The learned Government Pleader appearing for the respondents submits, with reference to the materials on record, particularly the contents in paragraph 5 of the writ petition that the respondents admittedly have initiated prosecution proceedings under the Land Conservancy Act in respect of the encroachment into the land belonging to the Government and have submitted charge sheet before the Chief Judicial Magistrate's Court, Thodupuzha, pursuant to which, the petitioners, along with other accused, appeared before the Chief Judicial Magistrate on summons and are contesting the case after being enlarged on bail. 4. In the above circumstances, this Court does not find it fit to entertain this writ petition; but for observing that the petitioners shall be dispossessed only accordance W.P (C) No.4478 of 2011 3 with the relevant provisions of law. The applications, if any, stated as pending before the competent authority for assignment under the Kerala Land Assignment Act, shall be dealt with and appropriate orders shall be passed, in accordance with law, with notice to the petitioners. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge