MANU JOHNSON Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge in this writ appeal is to the judgment made in W.P.(C) No.20209 of 2020, by which, a learned single Judge, after considering the finding recorded by three authorities under the Kerala Land Conservancy Act, 1957 and the rules framed thereunder, that the appellant is in possession of 3.28 Ares of Kayal Puramboke comprised in Re-Sy.Nos.75, 76, 77 and 78 in Block No.291 of Kollam West Village, taking note of the fact that the land in the abovesaid survey numbers has been classified in Annexure R4(b) as Government Puramboke land, Section 2 of the Kerala Irrigation and Water Conservation Act, 2003, decisions of the Hon'ble Supreme Court in Susetha v. State of Tamil Nadu and Others reported in (2006) 6 SCC 543, Nature Lovers Movement v. District Collector (judgment dated 13.1.1997 in O.P. No.16077 of 1996), Sarvepalli Ramaiah (Died) as per LRs and Ors. v. District Collector, Chittoor District and Ors. reported in (2019) 4 SCC 500, wherein Courts have categorically held that encroachment in water bodies cannot be recognised, and that assignment or alienation cannot be granted to any person, even if it is dry, dismissed the writ petition filed for the following reliefs:

(2.) Exhibit-P12 order 25.01.2017 issued by the Additional Tahsildar (L.R.), Taluk Office, Kollam, respondent No.4, is extracted hereunder: <FRM>JUDGEMENT_511_LAWS(KER)12_2020_1.html</FRM>

(3.) Exhibit-P13 order dated 27.01.2018 issued by the Revenue Divisional Officer/Sub Divisional Magistrate, Kollam, respondent No.3, is extracted hereunder: <FRM>JUDGEMENT_511_LAWS(KER)12_2020_2.html</FRM>