LAWS(KER)-2018-6-18

M RAMAKRISHNA PILLAI Vs. DISTRICT COLLECTOR, KUDAPPANAKUNNU

Decided On June 04, 2018
M Ramakrishna Pillai Appellant
V/S
District Collector, Kudappanakunnu Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to respondents 5 and 6 to appear before this Court and to explain the legal authority pursuant to which the building bearing row Nos.KP VIII/802, VIII/803, VIII/804, VIII/805, VIII/806 which was numbered as 9/530, 9/531, 9/532, 9/533 and 9/534 situated in Sy.No.1158/B respectively were demolished /dismantled by them on 25.12.2017, and for a further direction to respondents 1 and 2 to consider and pass orders on Exts.P12 and P14, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is in possession and enjoyment of 8 cents of property situate in Survey No.1158/B in Kilimanoor Village, in which the buildings specified above are situated. According to the petitioner, the building was constructed in the year 1984. Petitioner's father executed Ext.P1 Will. Consequent to the death of his father, petitioner became vested with the aforesaid property, and the predecessor in interest of the property is in enjoyment of the same for the past several decades.

(3.) On 112.2017, some officers of the respondents including respondents 5 and 6 came to the property of the petitioner and informed that the property is a puramboke land, and demanded removal of the building situated in the property. Even though petitioner attempted to make clarifications with respect to the same, the title enjoyed by the predecessor in interest of the property and the petitioner thereafter, the same did not weigh with the officials of the respondents. According to the petitioner, thereafter, petitioner has submitted Exts.P12 and P14 applications, seeking to change the description in the revenue records with respect to the property of the petitioner.