DEVAKI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners approached this Court challenging notices issued under Rule 13A of the Kerala Land Conservancy Rules, 1958. The said notices were issued by the Assistant Executive Engineer, PWD.

(2.) The petitioners are in occupation of the puramboke land for the last many years. They have constructed a small residential building and they have obtained a ration card, electricity connection showing the same address.

(3.) Rule 13A can be invoked in emergent situation when the encroachment was in recent past. It cannot be invoked in routine way to avoid general provisions under the Kerala Land Conservancy Act, 1957.