IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 34978 of 2008(L) -------------------------- PETITIONER(S): --------------- 1. V.T.IBRAHIM HAJI CHEERAKUZHIYIL HOUSE, P.O.THRIKKANAPURAM (VIA)THAVANUR, MALAPPURAM DIST. REPRESENTED BY POWER OF ATTORNEY HOLDER V.T.FAIZAL. 2. V.FOUSIYA CHEERAKUZHIYIL HOUSE, P.O.THRIKKANNAPURAM (VIA)THAVANUR MALAPPURAM DISTRICT. BY ADV. SRI.MOHAN PULIKKAL SMT.MANJU RAJAN SMT.A.AMRUTHA VIDYADHARAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR MALAPPURAM. 2. THE TAHSILDAR PONNANI 3. THE VILLAGE OFFICER, THAVANUR. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34978/2008 -------------------- Dated this the 27th day of November, 2008 JUDGMENT Petitioners claim to the owners in possession of an extent of 67 cents of land in Re.Sy No.286/1C which was purchased by the first petitioner as per Ext.P1 sale deed and situated by the side of Bharathapuzha. According to the respondents, there is encroachment by petitioners into the said land. They have taken action on the premise that the property in the possession of the petitioners is a portion of the river puramboke. Petitioners have brought their grievance to the notice of the District Collector vide Ext.P3. 2. In my view, remedy of the petitioners is to approach the Civil Court with a comprehensive suit. Ext.P4 may be treated as a notice under Section 80 of the Act. It is open to the petitioners to move the Civil Court on the said premise. Reserving the right of the petitioners to do so, writ petition is closed. V.GIRI, Judge mrcs