IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17697 of 2009(F) -------------------------- PETITIONER(S): --------------- ANUPAMAN C.A., AGED 36 YEARS, ADVOCATE, S/O.THE C.R.ASAD, CHAKKALAYIL HOUSE, SOUTH EROOR P.O., TRIPUNITHURA DIST.ERNAKULAM, PIN - 682 306. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.K.N.RAVEENDRAN SRI.P.CHANDRASEKHARAN PILLAI (VENNELA) SRI.K.THAVAMONY SRI.T.B.SIVAPRASAD SRI.ABHILASH AKBAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 3. REVENUE DIVISIONAL OFFICER, FORTCOCHIN, ERNAKULAM. 4. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 5. ERATTUKULANGARA KATTUNKAL BHAGAWATHI TEMPLE, KATTUNKAL, PACHALAM, DISTRICT ERNAKULAM, REPRESENTED BY ITS PRESIDENT. 6. THE PRESIDENT, ERATTUKULANGARA KATTUNKAL BHAGAWATHI TEMPLE, PACHALAM, DISTRICT ERNAKULAM BY ADV.SRI.P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.17697 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2009 J U D G M E N T Petitioner along with his mother and brother are the co-owners of land having an extent of 5.20 cents covered by Ext.P1 and P2 settlement deed. There is a road purampokku on the northern side of the property and according to him, the contesting respondents herein have put up a “Bhandaram” in the middle of the road. It is contended that encroachment of a public property are liable to be removed by the provisions of the Land Conservation Act. The Revenue Divisional Officer shall verify whether the allegation of encroachment is correct and if it is found to be correct then the temple authorities shall be required to see that the “Bhandaram” is placed in such a manner that it does not obstruct the passage along the road. Necessary action shall be taken within three months from the date of receipt of a copy of this judgment after notice to the temple authorities as well. Writ petition is disposed of as above. (V.GIRI, JUDGE) jma