K.SOMAN Vs. PRESIDENT ORIPPURATH BHAGHAVATHI KSHETHRAM

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows :

(2.) Heard Sri.N.N.Sugunapalan, the learned senior counsel instructed by Sri.S.Sujin and Sri.P.Viswanathan, the learned senior counsel instructed by Sri.Ajith Viswanathan, the learned counsel appearing for contesting respondents 1 and 2 and Smt.A.C.Vidhya, the learned Government Pleader appearing for contesting respondents 3 to 5.

(3.) It is now brought to the notice of this court by the petitioner as well as contesting respondents 1 and 2 that further action has been taken pursuant to Ext.P4 letter dated 26.6.2018 issued by the 4 th respondent Commissioner for Land Revenue addressed to the 3rd respondent Tahsildar and that the survey and measurement process is going on etc. Further Sri.P.Viswanathan, the learned senior counsel instructed by Sri.Ajith Viswanathan, the learned counsel appearing for respondents 1 and 2 submits on the basis of the instructions from those parties that the said process of survey and measurement should be duly completed by the official respondents with due notice to the parties concerned including respondents 1 and 2 and it is only thereafter can the authority like the 3 rd respondent form any prima facie opinion as to whether proceedings under the Kerala Land Conservancy Act and Rules framed thereunder are really warranted. It is further contended by respondents 1 and 2 that according to them they have not encroached into any Government property/private property/puramboke land and that they are only in occupation of the properties of the Devaswom and that errors have been committed in the survey/resurvey records whereby the said property has been wrongly described as puramboke property even though it is the property of devaswom and that therefore the question of initiating proceedings under the Kerala Land Conservancy Act and the Rules framed thereunder does not arise etc.