LAWS(KER)-2021-3-59

JOSEPH KURIAN Vs. DISTRICT COLLECTOR

Decided On March 15, 2021
JOSEPH KURIAN Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 proceedings dated 08.03.2021 and Ext.P10 report dated 01.02.2021 of the 3rd respondent Tahsildar (LR). The petitioner has also sought for a writ of mandamus commanding respondents 3 and 4 to conduct measurement of the property owned by the petitioner in Survey No.1074/3 (New Survey No.118/3) of Vellilapilly Village strictly following the directions in Ext.P6 judgment of this Court dated 14.07.2020 in W.P.(C)No.791 of 2020, within a time frame to be fixed by this Court and till such time, not to dispossess the petitioner from the property covered by Exts.P1 to P4 documents. The further relief sought for is stay of all further proceedings pursuant to Ext.P7 to the extent it directs the petitioner to surrender the property alleged to have encroached, pending disposal of this writ petition.

(2.) Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.

(3.) The learned Government Pleader would point out that Ext.P7 order of the 3rd respondent Tahsildar (LR) is appealable before the additional 5th respondent Revenue Divisional Officer under Section 16 of the Kerala Land Conservancy Act, 1957.