JOHN CHANDY Vs. DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE

JUDGEMENT

(1.) The questions involved in these matters are closely interlinked and they are therefore, disposed of by this common judgment. The parties and documents are referred to in this judgment, as they appear in W.P.(C) No.21490 of 2019.

(2.) The first petitioner owns 2.8 Ares of land in Re- Survey No.74/4 of Muttambalam Village in Kottayam District.

(3.) On receipt of complaints from the first petitioner and others who are residing in the locality, the fourth respondent issued Ext.P6 notice to the seventh respondent as also to the owners of lands adjoining to the land of the seventh respondent in Re-Survey No.13 informing them that the concerned Taluk Surveyor would fix the boundaries of the land in Re-Survey No.13 on 27.05.2019. It is alleged by the petitioners that with a view to evade the fixation of the boundary proposed by the fourth respondent, the seventh respondent requested the fourth respondent to postpone the measurement pretending that he is unable to be present at the land on the day fixed for measurement. It is stated by the petitioners that on the basis of the said request, further proceedings pursuant to Ext.P6 notice was deferred by the fourth respondent. It is also alleged by the petitioners that the seventh respondent is a very influential person and he made the request aforesaid for deferring the measurement with a view to manipulate the revenue records. The petitioners, therefore, seek directions to respondents 1, 3, 4 and 5 to initiate steps forthwith for identifying the Government lands encroached by the seventh respondent and recover the same in terms of the Kerala Land Conservancy Act, 1957 (the Act).