LAWS(KER)-2013-4-22

UMMER A Vs. ADDITIONAL TAHSILDHAR

Decided On April 04, 2013
Ummer A Appellant
V/S
Additional Tahsildhar Respondents

JUDGEMENT

(1.) THE petitioner is allegedly in occupation of a 'puramboke' more specifically a pond which was filled up and a building constructed thereon. On issuance of Exts.P1 and P2 orders threatening eviction, the petitioner approached this court in W.P.(C) No. 25139/2007; wherein by Ext P3, Ext.P1 was directed to be treated as a show-cause notice, to which the petitioner was permitted to file objections and further direction issued regarding consideration of the issue after hearing the petitioner. Pursuant to Ext.P1, Ext.P4 objections were filed by the petitioner before the Additional Tahsildar, Taluk Office, Mannarkkad, who heard the petition and passed Ext.P5 order. Finding encroachment of Government land Ext.P5, directed surrender of the said land.

(2.) THE petitioner was before this Court under Article 226 though, there was available a remedy under Section 16 of the Kerala Land Conservancy Act, 1957 (hereinafter referred to as "the Act"). Normally, this Court would have relegated the petitioner to the alternate remedy available. However, it is to be noticed that, there was a stay of the implementation of Ext.P1 and Ext.P5 orders from 24.04.2009. Hence, in the facts and circumstances, this Court deems it fit that the writ petition is considered on merits.

(3.) THE learned counsel would however, point out the various documents produced by the petitioner in Ext.P4 more specifically the order of the Taluk Board in suo-motu proceedings, the building tax remitted before the Grama Panchayath and so on and so forth. None of these documents were verified by the Authority before entering into a finding that the petitioner has encroached upon the government land.