IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 OP.No. 514 of 2001(J) --------------------------- PETITIONER: ------------------ MANUAL P.P., PUTHENPURAKAL, OSUTH VELLARAPPILLY P.O., THEKKUMBHAGAM CHOWARA VILLAGE, ALUVA. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIST. COLLECTOR, ERNAKULAM. 3. TAHSILDAR, ALUVA. 4. VILLAGE OFFICER, CHOWARA. 5. BIJU, S/O. THOMASKUTTY. KOORELY, SOTUH VELLARAPPILLY P.O., ALUVA. 6. PETER, S/O. PAPPU, VALLOORAN, SOUTH VELLARAPPILLY P.O., ALUVA. 7. BAIJU, S/O. PAPPU, KURIADAN, SOUTH VELLARAPPILLY P.O., ALUVA. 8. BABU, S/O. VAYARONI, ERIKUMPURAM/EHAPALLY, SOUTH VELLARAPPILLY P.O., ALUVA. OP NO. 514/2001 J 9. VELAYUDHAN, ERICKUMPURAM, THEKKUMBHAGAM VILLAGE, SOUTH VELLARAPPILLY P.O., ALUVA. 10. BAIJU, S/O. KUNJIKUMRAN, ERICKUMPURAM, SOUTH VELLARAPPILLY P.O., ALUVA. 11. SUDHEESH @ SUDHI, S/O. KANNAPPAN, ERICKUMPURAM, SOUTH VELLARAPPILLY P.O., ALUVA. 12. AYYAPPAN @ KUNJHAYIRU, ERICKUMPURAM/ETHAPILLY, SOUTH VELLARAPPILLY P.O., ALUVA. 13. LALU, ERICKUMPURAM/ETHAPILLY, SOUTH VELLARAPPILLY, ALUVA. 14. SUMESH, S/O. THANKAPPAN, ERICKUMPURAM/ETHAPILLY, SOUTH VELLARAPPILLY P.O., ALUVA. R5 TO R14 BY ADV. SRI.P.RAMAKRISHNAN GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 874/2001 IN OP NO. 514/2001J. DISMISSED 24/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE NOTICE DATED 2/1/2001 BY THE R4. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J = = = = = = = = = = = = = = = = O.P.No. 514 OF 2001 = = = = = = = = = = = = = Dated this the 24th day of March, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T The petitioner is aggrieved by Ext.P1 notice issued by the village officer, directing him to demolish a boundary wall and to vacate from an area having 2 cents in extent in re-survey No. 251/1 in Aluva Taluk, Thekumbhagam village. He is using the property as a poultry farm. He has constructed a boundary wall leaving 1½ feet from the boundary on the western side. It is at this stage, he received Ext.P1 notice. 2. Ext.P1 is challenged in various grounds. The petitioner has alleged that the only power available to the respondents is under the Kerala Land Conservancy Act and the village officer has no power to issue a notice like Ext.P1, as there are designated authorities under that Act to conduct an enquiry and pass orders only after hearing the respective parties. O.P.No. 514 OF 2001 2 3. The 3rd respondent has filed a statement. It is averred that the boundary wall constructed by the petitioner encroaches the pathway which is Government land. He has encroached upon 2 cents of thodu puramboke and several residents in the locality complained of the same. Two of them had filed O.P.NO.32376/2000 and the same was disposed of recording the submission of the learned Government Pleader that action will be taken to remove the encroachment in accordance with the provisions contained in the Kerala Land conservancy Act. Ext.P1 is thus justified as one issued in terms of the said Act. 4. Going by the provisions of the Kerala Land Conservancy act, the village officer is not a designated authority to issue an order of removal of encroachments. If at all, an action for eviction can be taken the same can be done only on proper enquiry and by passing appropriate orders. The affected parties are entitled to be given due notice for filing objections in the matter. Without allowing such facility as provided under the Act, the village officer cannot assume a jurisdiction not vested with him to issue a notice like Ext.P1. Therefore Ext.P1 is O.P.No. 514 OF 2001 3 quashed. The appropriate authority under the Kerala Conservancy Act is free to initiate proceedings as enjoined by law and under the provisions of the Act to evict any encroachments on Government land or purambokes. But before proceedings to act, the petitioner or any other person who is in occupation of the puramboku, shall be issued due notice showing the details of the property etc., and allow them sufficient time to file their objections in the matter. With the above directions, the writ petition is allowed. T.R.RAMACHANDRAN NAIR JUDGE bkn/-