N S VALSALAKUMARY Vs. KAVIYOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) CHALLENGE in this writ petition is against Exts.P4 and P6. Ext.P4 is a notice issued by the 2nd respondent alleging that the petitioners have encroached into 23.59 Ares (58.3 cents) of property comprised in Re:Sy:.No.666/5 of Kaviyoor village, which is 'river purampoke' vested in the Panchayath. It is stated in Ext.P4 that the encroachment is liable to be evicted considering the need for preserving the 'purampoke' and that the land in question is required for developmental activities. Petitioners were required to show cause within 15 days, as to why action for eviction cannot be taken. The petitioners submitted Ext.P5 detailed explanations before the 2nd respondent. Ext.P6 is the decision taken by the 3rd respondent on the basis of Ext.P5. It is stated in Ext.P6 that the documents of title produced by the petitioners will not confer them with any right over the property comprised in Re:Sy:.No.666/5. It was also found that, in a suit filed by the petitioners as O.S.No.380/2011 before the Munsif Court, Thiruvalla, they have not included the property comprised in Re:Sy:.No.666/5 as their properties, in the plaint schedule. Therefore the petitioners were required to vacate the land in question, within a period of 7 days, otherwise it is informed that they will be forcefully evicted.

(2.) ALLEGATION of the petitioners is that the 5th respondent is constructing a flat in the locality for which a pathway has been constructed by filling a 'thodu' leading to the Manimala River. Now the attempt of the 3rd respondent is declare the 'thodu' as well as southern portion of the petitioners' property as 'puramboke' land and to facilitate the 5th respondent to develop that portion as a 'Park'. The petitioners have instituted a suit against the Panchayath, as O.S.No.380/2011 before the Munsiff's Court, Thiruvalla seeking to restrain encroachment into the property of the petitioner and there is an interim order issued directing to maintain status quo, on 14.10.2011. Contention of the petitioners is that the 'virivu' attached to the properties of the petitioners were erroneously surveyed and mistakenly included as part of 'purampoke' land by assigning Re:Sy:.No.666/5, at the time when the resurvey was conducted. It is contended that as per the original survey records, the disputed property were remaining as 'virivu', included in Sy:.No.602/1 of Kaviyoor village. The said fact is evident from the Commissioner's report submitted before the Civil Court, is the contention. It is also contended that Ext.P6 notice was issued without affording any opportunity for personal hearing.

(3.) ACCORDINGLY the writ petition is dismissed without prejudice to rights and liberties of the petitioners to seek appropriate remedy before appropriate court or other authorities as observed above.