BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking the following reliefs:

(2.) Material facts for the disposal of the writ petition are as follows:

(3.) According to the petitioners, they have possessory right over 14 cents of land comprised in Survey No.2787 of Kawdiar Village. The property was obtained by the petitioners from their father, Kunjan Enos. The said land is in the possession and enjoyment of the 1st petitioner and their predecessors for the past 100 years, and they are remitting land tax from 1965 onwards. Possession certificate is also issued by the 3rd respondent. However, on 11.07.2014, at the leadership of the 8th respondent, some strangers who are the followers of a political party, encroached into the petitioners' property and demolished a part of his residential building and also cut down trees and plantations in the land claiming that the entire property is 'puramboke', and the 4th respondent Corporation alone is having right over the same. After demolishing the building partly, they laid foundation stone in the property for constructing a building allegedly to start an Anganwadi by the Corporation. At the time of encroachment, the 8 th respondent was accompanied by respondents 6 and 7 also, i.e., the Circle Inspector of Police, Peroorkada and the Village Officer, Kowdiar Village. But, no notice was issued to the petitioners either by the Corporation or by any authorities.