IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 25199 of 2010(Y) -------------------------- PETITIONER(S): --------------- O.D.JOSEPH, ORATHEL HOUSE, KARIMANNOOR P.O., THODUPUZHA-685 581. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM-685 001. 2. THE SECRETARY, KARIMANNOOR GRAMA PANCHAYATH, KARIMANNOOR P.O., THODUPUZHA-685 581. 3. THE SURVEY SUPERINTEND, IDUKKI-685 601. 4. THE EXECUTIVE ENGINEER, KSTP PROJECT, MUVATTUPUZHA-686 661. BY ADV. SRI.JOSHI N.THOMAS FOR R2 BY SRI.V.MANU, GOVERNMENT PLEADER FOR R1, R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.25199 of 2010 EXT.P1 TRUE COPY OF THE TAX PAID RECEIPT EXT.P2 TRUE COPY OF THE POSSESSION CERTIFICATE DT. 3.6.2009 EXT.P3 TRUE COPY OF THE LOCATION SKETCH EXT.P4 TRUE COPY OF THE REGISTRATION CERTIFICATE EXT.P5 TRUE COPY OF THE LICESEE ISSUED BY PANCHAYATH EXT.P6 TRUE COPY OF THE COMPLAINT GIVEN TO 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE COMPLAINT GIVEN TO 4TH RESPONDENT. EXT.P8 TRUE COPY OF THE REQUEST GIVEN TO 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.25199 of 2010 ------------------------------- Dated this the 15th day of November, 2010 J U D G M E N T The petitioner who is running a Jewellery in his own building within the local limits of Karimannoor Grama Panchayat has filed this writ petition seeking a direction to the fourth respondent to refrain from demolishing any portion of his building without first ascertaining whether the building is situated in road poramboke and without resorting to the provisions of the Land Acquisition Act or the Kerala Land Conservancy Act. The petitioner has also alleged that a portion of the sun shade of his building was demolished, without proceedings being initiated either under the Land Acquisition Act to acquire the land or under the Kerala Land Conservancy Act to evict encroachers from Government lands. 2. The fourth respondent has filed a counter affidavit wherein it is stated that no part of the building of the petitioner has been demolished. It is also stated that the petitioner has encroached upon a portion of the road purampoke and that the petitioner will be evicted only after following the procedure prescribed in the Kerala Land Conservancy Act . The petitioner has filed a reply affidavit expressing apology for the averment that the fourth respondent has demolished a portion of his building. W.P.(C) No.25199 of 2010 2 3. It is now evident from the counter affidavit filed by the fourth respondent that the fourth respondent proposes to take action against the petitioner under the provisions of the Kerala Land Conservancy Act. The fourth respondent has also stated that no action will be taken against the petitioner except in accordance with the provisions prescribed in the Kerala Land Conservancy Act. In such circumstances, no further orders are called for in this writ petition, except to direct that action, if any, against the petitioner shall be finalised and completed only in accordance with the provisions of the Kerala Land Conservancy Act. In the event of the petitioner receiving notice from the fourth respondent under the provisions of the Kerala Land Conservancy Act, it will be open to the petitioner to have his land measured with the assistance of the Taluk Surveyor, in order to determine whether the land in his possession is part of road porampoke. The writ petition is disposed of as above. P.N. RAVINDRAN, JUDGE. nj.