IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 5161 of 2007(M) -------------------------------------- PETITIONER(S): ------------------------ N. UMMER, S/O. MOIDEE, AGED 58, IDAVILA VEEDU, MANJAPPARA, AMBALAVAYAL, WAYANAD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENT(S): --------------------------- 1. THE SECRETARY, AMBALAVAYAL GRAMA PANCHAYAT, AMBALAVAYAL. * R2 IMPLEADED * ADDL.R2: THE TALUK SURVEYOR MANANTHAVADY. * ADDLR2 IMPLEADED AS PER ORDER DATED 21/2/07 IN I.A.NO.2623/2007. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5161/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 23/3/2006 PASSED IN APPEAL NO.10/2006 OF THE TRIBUNAL FOR LOCAL SELF GOVT INSTITUTIONS. P2 COPY OF THE APPLICATION FOR LICENCE SUBMITTED BEFORE THE RESPONDENT ON 20/09/1997. P2(A) COPY OF THE LETTER DATED 20/09/97 OF THE PETITIONER. P2(B) COPY OF THE ORDER DATED 6/3/1997 IN CMP NO.6607/97 IN O.P.NO.3607/97 OF THIS HON'BLE COURT. P3 COPY OF THE REPRESENTATION DATED 31/8/2006 FILED BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5161 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2011 J U D G M E N T The petitioner claims to be the owner of a property comprised in survey No.1387/1 of Thomattuchal Village. He constructed a building in the said property which was numbered by the Panchayat. According to the petitioner, he had been doing business in the said building till 1997. But the Panchayat issued the petitioner a notice for demolition of the same on the ground that the building stands on Government land vested in the Panchayat. The petitioner challenged the notice before this court in O.P. No.3607/97 and by judgment dated 29.10.1997 the respondent was directed to consider the application filed by the petitioner and to pass orders. The 1st respondent- Panchayat again directed demolition of the building, against which, an appeal was preferred by the petitioner before the Local Self Government Institutions and by order dated W.P.(C)No. 5161 of 2007 -2- 23.3.2006, the Tribunal set aside the order passed by the respondents and directed the Panchayat to find out whether the petitioner has encroached upon Government land. But the respondent did not take any steps to demarcate the property with the help of the Taluk Surveyor and to take further steps in the matter. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “(a) Issue a Writ of Mandamus or other appropriate Writ, order or direction directing the Respondent to grant Licence to the Petitioner to conduct the business considering Ext. P-3 representation; (b) Issue a Writ of prohibition restraining the respondent from taking any action against the Petitioner for demolishing the building constructed in the property in Sy. No.1387/1 of Thomattuchal Village;” 2. I have considered the contentions of the parties. 3. The question as to whether a particular property is Government land or not, is a question of fact which can be decided only by measuring the properties. In the above circumstances this writ petition is disposed of as follows: The 2nd respondent-Taluk Surveyor, Mananthavady, shall arrange to measure the property in question and W.P.(C)No. 5161 of 2007 -3- decide whether any part of the same falls within Government land. The measurement shall be done as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The Taluk Surveyor shall forward the report of the measurement to the 1st respondent Grama Panchayat as well as the Tahsildar concerned. If as per the measurement of the 2nd respondent-Taluk Surveyor any part of the property in question falls in Government land the 1st respondent and the Tahsildar concerned shall take appropriate steps to see that the petitioner is evicted from that part and the land is restored to the Panchayat. If otherwise the Panchayat shall consider the claim of the petitioner for licence and pass orders thereon as expeditiously as possible, at any rate within one month from the date of receipt of the report from the Taluk Surveyor. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE