T K SURIAPRAMUGHAN Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) THE petitioner is the owner of 6.75 cents of land and a building thereon in Survey No. 666/1 of Kurumbilavu village. The 1st respondent has issued Ext.P-5 notice to the petitioner under Rule 13-A of the Kerala Land Conservancy Rules alleging encroachment into Government land and directing the petitioner to vacate the land. The petitioner submits that if a proper survey is conducted it can be easily ascertained that the property belongs to the petitioner and not to the government and no reasons are also forthcoming as to why Rule 13 A of the Kerala Land Conservancy Rules should be invoked, by passing the procedure prescribed under Section 11(3) of the Kerala land Conservancy Act. The petitioner also submits that this action of the 1st respondent is against the decision of this court in Vathsan.V. Vs. Government of Kerala and others [ILR 2002 (3) Ker.245]. The petitioner seeks the following relief:

(2.) THE state has not filed any counter affidavit, although, the additional 3rd respondent Chazhoor Grama Panchayat has filed a counter affidavit.

(3.) EXT. P5 shall be construed as a notice under Section 11 of the Kerala Land Conservancy Act . The petitioner shall be given an opportunity to file objections against the same which the petitioner shall file within two weeks from today. If the petitioner requests for survey of the land the same shall be done by the 1st respondent in the presence of the petitioner. The petitioner shall be given an opportunity of being heard, in which petitioner shall be permitted to adduce evidence in support of his contentions and the 1st respondent shall pass a detailed order considering every contention of the petitioner. The petitioner shall not be evicted from the property in question until after two weeks from the date of service of the order on the petitioner.