IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 960 of 2009(L) ------------------------------ PETITIONER(S): ------------------ N.M.THAHA,NEDUMCHIRAYIL, KARIPPADAM, VELLOOR, KOLLAM. BY ADV. SRI.P.P.JACOB RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, PALAI 3. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, VAIKOM, KOTTAYAM. 4. THE KERALA WATER AUTHORITY, J.B.I.C. PANIKKER'S COMPLEX, OPP.C.I.OFFICE,CHERTHALA, REP. BY PROJECT OFFICER. ADV. SRI.BABU VARGHESE, SC, KWA FOR R4 SRI.M.DINESH, SC FOR KWA GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 960 OF 2009 (L) ==================== Dated this the 12th day of February, 2009 J U D G M E N T Petitioner was issued Ext.P1 notice requiring him to vacate from 1.44 ares of land in Sy.No.666/1 of Velloor Village. That was repeated in Ext.P2. Thereupon, the petitioner filed Ext.P3 representation to the 3rd respondent asserting that the property in his possession comes within his registered holding. Immediately thereafter, petitioner filed Ext.P4 before the 1st respondent requesting for measurement and demarcation of the property so that the property if any, requiring to be vacated could be identified. 2. Without passing any order on Ext.P4, by Ext.P5, the 4th respondent fixed an auction of the timber on 8/1/2009 and immediately thereafter petitioner again approached the 2nd respondent by filing Ext.P6 requesting for measurement and demarcation of the property. Orders have not been passed on any of these representations and apprehending that in the meanwhile auction might take place, the writ petition was filed. 3. Admittedly, the whole issue will depend upon whether the petitioner has trespassed into any puramboke property, in which event only, he can be called upon to vacate. Now that the petitioner has WPC 960/09 :2 : requested the authorities for survey and demarcation of the property, it is only proper that the 2nd respondent decides on Ext.P6, so that the puramboke property can be demarcated. 4. Therefore, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P6. This shall be done, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. It is also directed that any order on Ext.P6 shall be passed only with notice to the petitioner. Petitioner may produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Rp