IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WA.No. 2473 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29390/2005 Dated 22/08/2007 .................... APPELLANT/SPECIAL LEAVE PETITIONER ------------------------------------------------ NANDINI VIJAYAN, W/O. VIJAYAN, VIJAYA BHAVAN, PUTHUSSERIKKONAM MURI, EZHUKONE VILLAGE. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENTS: (RESPONDENTS & PETITIONER IN THE WPC) ---------------------------------------------------- 1. PARAKKADAVU SIVAKSHETHRAM, PUTHUSSERIKONAM, REP. BY THE SECRETARY, N.S.S. KARAYOGAM, NO.1420, PUTHUSSERIKONAM, EZHUKONE VILLAGE. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE TAHSILDAR, KOTTARAKKARA, KOLLAM DISTRICT. BY GOVT. PLEADER SMT.MEERA.K ADV. SRI.GOVIND K.BHARATHAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.2473 of 2007 =============================== Dated this the 6th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Writ petition was filed to declare that the appellant/writ petitioner was entitled to assignment of 74 cents of land in Ezhukon village on the basis of long continued possession and also to complete further proceedings in Ext.P1. In the counter affidavit it was stated by the counsel that 48 cents and another 8 cents included in the 74 cents is in the possession of two other persons namely, Abdulkhader and Idikkula Mathunny and the appellant/writ petitioner had only in possession of 13 cents of land and remaining 5 cents was also occupied. It is also stated that parts of the land is occupied by persons of different religions and hence the entire land cannot be allotted to the temple. It is also stated that steps are taken to evict unauthorised persons. Learned Single Judge directed to complete the proceedings within six months time. Further it is stated that it should be completed so as to enable the appellant to get the land absolutely within a period of six months. Even by mere eviction of unauthorised W.A.No.2473 of 2007 2 persons, appellant/petitioner will not get the land even if their possession is unauthorised. From the averments in the counter affidavit filed by the Government it cannot be stated that the entire 74 cents of land was in the continued uninterrupted possession of the appellant/petitioner for many years. It is also submitted that the judgment was obtained without impleading the affected parties in pursuance of the persons in the writ petition. As far as the eviction is concerned, we make it clear that the Government should issue notice if there are unauthorised possession, as eviction can be effected only after complying the principles of natural justice and statutory provisions. Assignment of land also shall be considered with notice to all concerned parties. The writ appeal is disposed of as above. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-