Important Points:
The properties in question were converted prior to the introduction of Act, 2008 and additions are made in the revenue records classifying the land as 'purayidam' much prior to the property was purchased by the builder, evident from Ext.P1 document dated 18.9.2014-The proposition of law laid down in the aforequoted judgments, and that the area in question is built up with several buildings and structures-They have no right, legally and morally to obstruct the constructions carried out by the builder in accordance with law and in terms of the building permit and the approved plan secured by the builder.

JUDGMENT :

SHAJI P.CHALY, J

The issues in the captioned writ petitions relate to construction of a multi storied building in an extent of 39.20 Ares of property comprised in Block No.5, R.S.Nos.104/1 & 104/2, (old Sy.Nos.707/18A, 707/18A1, 707/17/2, 707/188, 702/20) of Thrikkakkara North Village. W.P.(C) No.33717/2016 is filed by Mather Nagar Residents Association, who are apparently residents of the locality, objecting to the construction proposed to be carried out by a builder viz., National Builders, who is the petitioner in the connected writ petition, seeking a mandamus directing the District Collector, Ernakulam and the Kalamassery Municipality, respondents 1 and 2, to take immediate and effective action to prohibit the 3rd respondent from filling up 39.20 Ares of uncultivated paddy land comprised in Re-Sy Nos.104/1 and 104/2 of Thrikkakara North Village, and for a further mandamus directing the District Collector to conduct an enquiry as to how the nature of land was changed as dry land in Ext.P6 revenue record issued by the revenue authorities, which is a document similar to Ext.P13 in the connected writ petition, and to take appropriate action against the officers, who are responsible for correcting the nature of land in the Land Register.

2. W.P.(C) No.34983/2016 is filed by the National Builders seeking mandamus to the Circle Inspector of Police, Kalamassery and Sub Inspector of Police, Kalamassery, respondents 1 & 2, to provide adequate and effective Police protection including protection for life to its men and workers to undertake construction works at their site situated in the survey numbers specified above, and for other consequential and related reliefs. Therefore, we heard them together and propose to pass this common judgment.

3. In fact W.P.(C) No.34983/2016 filed by the National Builders was allowed by a Division Bench of this Court as per a common judgment dated 21.12.2016 directing to provide Police protection to carry out construction activities in accordance with law, and dismissed W.P.(C) No.33717/2016 filed by the Residents Association. The matter was taken in appeal by the Mather Nagar Residents Association, before the Apex Court in Civil Appeal Nos.2489-2490 of 2018 arising out of (SLP(C) Nos.3551-3552 of 2017, Apex Court has passed an interim order on 21.11.2017 in the Special Leave Petitions specified above, directing the Revenue Secretary, Government of Kerala, to conduct an enquiry into the nature of lands in question by deputing a suitable officer to inspect the land in question, and also to go through the revenue records, and submit a report to the Supreme Court within six weeks. On the basis of the direction issued by the Additional Chief Secretary to Government of Kerala, the Sub Collector, Fort Kochi was authorised to visit the land and to submit a report to the Supreme Court through Advocate General. Accordingly, a report was submitted by the Sub Collector before the Apex Court dated 6.1.2018. Thereafter, taking into account the rival submissions made by the parties, remanded the matter for fresh consideration with the following directions, as per an order dated 5.3.2018.:

“It is however, not clear whether permissions for construction have been granted in respect of the wet land or other lands. Rival contentions in this regard were made before us. A detailed investigation would be necessary.

Taking an over all view of the matter, we consider it appropriate to set aside the common impugned order passed by the High Court, and remand the matter for a fresh decision after taking into account the detailed report submitted by the Sub-Collector, Fort Kochi, Ernakulam District, Kerala. If necessary, the High court is at liberty to order further report.

We order accordingly. The High Court shall determine the entire controversy afresh in accordance with law. The High court is further requested to dispose of these matters at the earliest preferably not later than six months from the date of receipt of co