K.T. INDIRA AND OTHERS Vs. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT (REVENUE), THIRUVANANTHAPURAM AND OTHERS

JUDGEMENT

(1.) The petitioners have approached this Court apprehending an action by the respondents for taking over the property covered in Exts.P1 and P2 award comprised in Re.Survey.No.46/4 (Old Survey.No.46/1) in Kalliad Village of Iritty Taluk, under the Kerala Escheats and Forfeiture Act, 1964. In the writ petition, it is the case of the petitioners that their title over the lands in question have already declared by the civil court and notwithstanding the said fact, while on the one hand, the 2nd respondent is attempting to take over the land covered by Exts.P1 and P2 awards under the the Kerala Escheats and Forfeiture Act, on the other hand, various persons are unauthorisedly entering the premises and carrying on indiscriminate quarrying operations in the said property. The prayer in the writ petition is for a direction to the official respondents of the State to take measures to prevent the indiscriminate quarrying operations in the property and also to restrain the said respondents from attempting to take over the lands covered under Exts.P1 and P2 awards, by invoking the provisions of the Kerala Escheats and Forfeiture Act.

(2.) When the matter came up for admission, this Court after admitting the writ petition, also issued an interim direction to the 3rd respondent to take steps to stop illegal quarrying activities in the said land in the light of Ext.P11. It was made clear that, if any, police assistance was required against the illegal operations, the 3rd respondent could also seek such assistance of the police for ensuring that illegal quarrying activities are not carried in the property.

(3.) An affidavit has been filed by the 3rd respondent before this Court, which states that 7 persons were identified as conducting illegal quarrying operations in the lands stated to belong to the petitioners, and stop memos were issued to the said persons to prevent them from carrying on quarrying operations on the said lands. The suggestion in the affidavit is that, at present, there is no illegal quarrying operations being done in the said lands. The learned counsel for the petitioners would place reliance on Ext.P17 Notification that has been issued by the District Collector during the pendency of the writ petition, which indicates that steps are afoot to take over the properties covered by Exts.P1 and P2 in terms of the Kerala Escheats and Forfeiture Act. It is, therefore, that they have now prayed for the appointment of an Advocate Commissioner to verify whether quarrying operations are still being carried on in the properties in question, and further, for quashing Ext.P17 notice which according to the petitioners has been issued without conducting a preliminary enquiry for satisfying the 2nd respondent as regards the existence of jurisdictional facts necessary to confer jurisdiction on him to issue such a notice.