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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
Aji Joseph S/o C.V. Joseph – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
Muralee Krishna, J.
These writ petitions are filed under Article 226 of the Constitution of India by the petitioners who are occupying properties by the side of Panniyar river at Pooppara in Idukki District. W.P.(C)No.17702 of 2024 is filed by the petitioner therein seeking a writ of mandamus commanding the 5th respondent to decide on the regularisation and occupation of 5 cents of property in survey No.23/1 of Pooppara Village under the Kerala Land Assignment (Regularisation of Occupation of Forest Lands prior to 1.1.1977) Special Rules 1993, within a time limit fixed by this Court and a writ of mandamus commanding respondents 2 to 4 not to evict the petitioner from the aforesaid 5 cents of property before deciding the entitlement of the petitioner for regularization of occupation/assignment by the 5th respondent. W.P.(C)No.20022 of 2024 is filed by the petitioners therein seeking a writ of mandamus commanding the respondents not to evict them before deciding the scope of rehabilitation of affected persons of the eviction drive of the 1st respondent State of Kerala as ordered by this Court in Ext.P19 common order dated 14.02.2024 in W.P.(C) Nos.4224 and 5077 of 2024 and a w
The court upheld eviction orders against encroachers on river puramboke, emphasizing the lack of legal basis for regularization under the Special Rules and the necessity of maintaining free flow of r....
Legal authorities must enforce eviction orders regarding unauthorized encroachments on government land without delay, as mandated by applicable statutes.
The State has a constitutional duty to protect natural resources, and encroachments on public land must be removed to ensure environmental protection and community rights.
Summary eviction is impermissible when there is a dispute over property title; due legal process must be followed.
The court established that a petitioner must come with clean hands when seeking equitable relief, and the legality of encroachments requires thorough investigation.
Disputes regarding title and possession of land necessitate proper judicial scrutiny, especially where evictions under the Land Conservancy Act are challenged on grounds of legitimate claims. Governm....
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
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