IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 9500 of 2007(E) ------------------------- PETITIONER(S): ------------------- P.M.KURIACHAN, S/O MATHAI, PROPRIETOR, ST.JOSEPH'S HOLLOW BRICKS, PANATHUR P.O., PANATHADY VILLAGE, KASARAGODE. BY ADV. SRI.GEORGE JACOB (JOSE) SMT.REENA ABRAHAM SMT.RESHMI POULOSE RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KASARAGODE. 3. THE REVENUE DIVISIONAL OFFICER, KANHANGAD, KASARAGOD. 4. THE DIVISIONAL FOREST OFFICER, KANNUR. 5. THE TAHSILDAR, KANHANGAD, KASARAGOD. 6. THE VILLAGE OFFICER, PANATHADY VILLAGE OFFICE, PANATHUR P.O., VIA.RAJAPURAM, KASARAGOD. 7. THE SUB-INSPECTOR OF POLICE, RAJAPURAM POLICE STATION. GOVT.PLEADER SRI.K.SUNIL KUMAR SRI.PM.POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9500/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE SALE DEED DT 11.5.2004. EXT.P2: TRUE COPY OF THE PROCEEDINGS DATED 5.6.06 OF THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE PROCEEDINGS DT 20.6.2006. EXT.P4: TRUE COPY OF THE LICENCE NO.50/2006-2007 DT 24.5.2006. EXT.P5: TRUE COPY OF THE CONSENT ORDER DT 17.11.2006 OF THE POLLUTIONCONTROL BOARD. EXT.P6: TRUE COPY OF THE SALE DEED REGISTERED ON 10.1.94 OF THE SUB REGISTRY, RAJAPURAM. EXT.P7: TRUE COPY OF THE TAX RECEIPT ISSUED BY THE PANATHADY VILLAGE. EXT.P8: TRUE COPY OF THE SALE DEED DT 30.10.96 OF 2½ CENTS OF PROPERTY. EXT.P9: TRUE COPY OF THE SALE DEED DT 30.10.96 OF 2½ CENTS OF PROPERTY. EXT.P10: TRUE COPY OF THE RECEIPT DT 6.7.2000 EVIDENCING PAYMENT OF TAX. EXT.P11: TRUE COPY OF RECEIPT DT 13.2.2007. EXT.P12: TRUE COPY OF RECEIPT DT.13.2.2007. EXT.P13: TRUE COPY OF THE RECEIPT ISSUED BY THE PANATHADY GRAMA PANCHAYAT IN TOKEN OF RECEIVING BUILDING TAX. EXT.P14: TRUE COPY OF the OWNERSHIP CERTIFICATE. EXT.P15: TRUE PHOTOGRAPHS OF THE PETITIONER'S SSI UNIT. EXT.P16: TRUE COPY OF THE SITE PLAN OF THE PETITIONER'S PREMISES. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 9500 OF 2007 (E) ===================== Dated this the 16th day of October, 2009 J U D G M E N T Petitioner submits that 5 cents of property situated in Sy.No.304/1A of Panathady Village, Kasargod District originally belonged to one Mohammed Kunhi, who acquired the same by Ext.P6 sale deed. It is stated that since then he has been in possession of the property and Ext.P7 is stated to be the tax receipt. According to the petitioner, subsequently, Sri.Mohammed Kunhi alienated the property to M/s George and Thomas as per Ext.P8 sale deed, and that the petitioner purchased the property from the aforesaid George and Thomas in 2004 as per Ext.P1 sale deed. 2. According to the petitioner, since 2001 the property was held by him on lease from the aforesaid George and Thomas and that he had constructed an industrial shed and established a Small Scale Industrial Unit manufacturing bricks. Petitioner refers to Ext.P4 Panchayat licence, Ext.P5 consent issued by the Pollution Control Board, Exts.P10 to P13 tax receipts, Ext.P14 ownership certificate, Ext.P15 photograph and Ext.P16 site sketch WPC 9500/07 :2 : to support his contentions. 3. According to the petitioner, while the property was thus enjoyed by him and his predecessors, in 2007, the forest officials came to his place and threatened to demolish the building on the allegation that the land held by him included 2 cents of land, which is assigned to the forest department. According to the petitioner, there is no substance in this allegation and that since ages, the property has been in the possession of his predecessors, which has been continued by him. 4. Learned Government Pleader appearing on behalf of the respondents submit that they are not claiming any portion of the property over which the petitioner and his predecessors have title. It is stated that while the petitioner's property is situated in Sy.No.304/1A, the property in the possession of the petitioner includes 3 and ¾ cents of land situated in Sy.No.313/4 part of Panathady Village. 5. Learned Government Pleader also submits that out of the aforesaid 3 and ¾ cents of land, 2 cents is already assigned to the forest department. It is stated that it was to recover the aforesaid land that proceedings were initiated and Form B notice was also issued. WPC 9500/07 :3 : 6. Thus what really arises for resolution is the conflicting claims raised by the petitioner of his title and possession of the land and the case of the forest department that the petitioner has encroached into their land. This dispute cannot be resolved in a proceedings under Article 226 of the Constitution of India and therefore the remedy available to the aggrieved party is to move the appropriate Civil Court for establishing their rights. 7. Therefore, the writ petition is disposed of with the following directions: (1) Now that according to the learned Government Pleader, proceedings have been initiated and Form B notice has also been issued, it is directed that it will be open to the respondents to complete the proceedings. (2) However, it is directed that coercive action including the steps for demolition of the industrial establishment shall be kept in abeyance for a period of three months from today and in the meanwhile, it will be open to the petitioner also to move the appropriate authorities including the Civil Court for getting their rights established. ANTONY DOMINIC, JUDGE Rp