(1.) Instant Public Interest Litigation has been filed seeking the following reliefs:
(2.) According to the petitioner, 29 Hectares of land situated in Resurvey No.7/2 of Kottapady Village in Betheri Taluk is a Government Land and as per the village records, the above property was leased out by Government to one Chembra Peek Company. It is submitted that C.S.I. Church is now carrying out construction of a commercial building in the said land. According to the petitioner, though Exhibts-P1, P2 and P3 representations were filed before the District Collector, Wayanad (respondent No.2), Village Officer, Meppady (respondent No.3) and Secretary, Meppady Grama Panchayat (respondent No.5) respectively, nothing has been done till date.
(3.) Inviting the attention of this Court to the statement filed on behalf of the 2nd respondent, Mr.T.K.Aravindakumar Babu, learned Senior Government Pleader submitted that land comprised in Re-survey No.7/2 is not a Government/Puramboke land, but a private land. According to him, the land tax in respect of the above land is remitted by the 5th respondent and in the Basic Tax Register, which is produced along with the statement as Annexure R2(a), the land is recorded in the name of M.K.Jinachandran and Chembra Peek Company Church. He also submitted that the land possessed by 5th respondent Church was obtained by a lease agreement from Chembra Peek Company during 1955 and 1956 respectively vide document No.1120/1995 and 121/1996 of SRO, Vythiri. Paragraphs 3 and 4 of the Statement read as under: