KRISHNAN C.S. Vs. TALUK SURVEYOR (LR) CHITTUR

JUDGEMENT

(1.) The petitioners have approached this Court impugning Exts.P3 and P4, which are the notices issued by the Secretary of Nenmara Grama Panchayat, asking to evict themselves from certain extents of land, which is alleged to be part of a 'Puramboku Thodu' encroached by them illegally.

(2.) The petitioners say that Exts.P3 and P4 have been issued in a mechanical fashion, solely based on a reported communication received by the Secretary of the Panchayat from the Tahsildar, dated 08/07/2019, which has been referred to as Item No.2 in Exts.P3 and P4, but that no survey has been conducted to establish that the allegations in the said report are true or otherwise. The petitioners say that they have, therefore, preferred Exts.P5 and P6 requests before the 1st respondent-Taluk Surveyor and pray that the said applications be directed to be taken up and disposed of at the earliest.

(3.) Shri.C.J.Joy, learned Standing Counsel for the Panchayat, submits that the allegations of the petitioners are completely untenable because Exts.P3 & P4 have been issued only because the Panchayat has been informed specifically by the Tahsildar, through letter dated 08/07/2019, that the petitioners have been found to be in encroachment of a 'Puramboke Thodu'. He prays, therefore, that Exts.P3 & P4 be not interdicted and the Secretary be allowed to take necessary further action on it in terms of law.