IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 14223 of 2009(W) -------------------------- PETITIONER: --------------- K.K.KUMARAN, KOKKUVAYIL HOUSE, KOTHAPARAMBU, VIA.KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.V.V.ASOKAN SRI.MAHESH V.MENON RESPONDENTS: --------------- 1. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (NH), SUB DIVISION NORTH PARUR, ERNAKULAM DISTRICT. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. SUPERINTENDENT OF SURVEY & LAND RECORDS, COLLECTORATE, THRISSUR. BY GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON 25/05/2009 DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 14223 of 2009 -------------------------- Dated this the 25th May,2009 J U D G M E N T Petitioner was served with Exhibit-P1 notice under the Land Conservancy Rules intimating the petitioner that he has encroached into the Government land in the course of construction of a compound wall. Petitioner got a survey plan to be prepared and enclosing a sketch thereto, he sent an objection to the 1st respondent. Thereafter, Exhibit-P3 notice has been issued requiring him to demolish the wall under the threat of the same being done if it is not demolished within three weeks. A further representation has been sent by the petitioner to the 1st respondent as per Exhibit-P4. This writ petition has been filed praying for the following reliefs. i) To quash Ext.P3 proceedings of the 1st respondent by the issue of writ of certiorari or such other writ or order or direction; and ii) Alternatively to direct the 1st respondent to pass orders of Ext.P4 objections filed by the petitioner by the issue of writ of mandamus or such other writ or order or direction. W.P ( C) No. 14223 of 2009 2 2. Petitioner has filed IA 6063 of 2009 producing therewith a receipt which was issued on 30.5.2007 which according to him evidences submission of objections to Exhibit-P1 in 2007 itself. 3. Heard learned Government Pleader as well. Objections filed by the petitioner to Exhibit-P1 which may also be treated as objections to Exhibit-P3 may be looked into and reasoned orders may be passed by the 1st respondent. The survey plan and sketch produced by the petitioner shall also be looked into and the petitioner shall be heard before such orders are passed. Any further coercive action shall be taken only after such orders are passed. Orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 14223 of 2009 3 W.P ( C) No. 14223 of 2009 4 (V.GIRI,JUDGE) ma W.P ( C) No. 14223 of 2009 5 W.P ( C) No. 14223 of 2009 6