RAMACHANDRAN PILLAI Vs. KERALA STATE,

JUDGEMENT

(1.) Appellants are the plaintiff Nos 2, 4, 5 and 7 to 12 in the suit. Plaintiffs 2 to 12 are the children of the 1st plaintiff. The defendants 1 to 3 are State of Kerala Represented by District Collector, Tahsildar and Village Officer. The 4th defendant is a person having property on the southern side of the plaintiff's property. The suit was for declaration of title and possession of plaint B schedule property and for a consequential permanent prohibitory injunction against initiating action against the same.

(2.) Plaint A schedule property is having an extent of 60 cents equivalent to 24 Ares and excess situated in Survey No. 412 of Vadakkevila Village. It is situated on the eastern side of Ammanada-Chirayilkulam road. Plaint B schedule property is 2 Ares of land equivalent to 4.94 cents lying in a triangle shape inside the plaint A schedule property at its south west corner, which is mistakenly included in Re Sy. No.28/17.

(3.) Plaintiff instituted the suit when the 2nd defendant issued Exts.B3 & B4 Notices dtd. 13/11/2003 under the Kerala Land Conservancy Act, against the plaintiff and the 4th defendant alleging that they have encroached into Puramboke land situated in Re.Sy. 28/17 of Vadakkevila village. It is alleged in those Notices that the total extent of puramboke land is 5.60 ares in ReSy.No.28/17. As per Ext.B3, the plaintiff is alleged to have encroached into 1.50 Ares. As per Ext.B4, the 4th defendant is alleged to have encroached into 0.50 ares.