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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S.
A.M. Abdul Razack – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Muralee Krishna, J.
1. The petitioner in these writ petitions and Crl. M.C. is one and the same person. The issues to be decided in all three matters are interconnected. Hence, we heard all these matters together and are being disposed of by this common judgment/order.
W.P.(C)No.22222 of 2020
2. W.P.(C)No.22222 of 2020 is filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:
“a) issue a writ of certiorari or other appropriate writs, directions or orders calling for the records leading up to Ext.P16 and quashing Exts P12 and P14 to P16;
b) issue a writ of mandamus or other appropriate writs directions or orders restraining the respondents not to evict the petitioner from the property covered by Exts.P1 and P2 without considering his claim in respect of the disputed property;
c) Issue a writ of mandamus or other appropriate writs, direction or orders directing the 5th respondent to reconsider the claim of the petitioner with specific reference to the report of the 4th respondent dated 21.12.2015;
d) issue a writ of mandamus or other appropriate writs, directions or orders restraining the respondents from interfering with the peaceful
The court upheld the eviction proceedings against the petitioner for encroachment on government land, affirming the proper application of the Land Conservancy Act and the denial of natural justice du....
The court emphasized that land assignments must adhere to statutory procedures, and unauthorized occupation does not confer legal rights.
The main legal point established is the importance of following due process of law and the limited scope of interference under Article 226 of the Constitution of India in land dispute cases.
The court upheld that construction permits are mandatory and necessitated an inquiry into the petitioner's property title under the KDH Act before addressing eviction disputes.
Land in tribal settlement areas cannot be assigned under the Land Assignment Act, and agreements lacking proper title are invalid.
The District Collector cannot entertain an application seeking police protection in respect of a land dispute and convert it into a civil dispute because the acts alleged against the petitioner attra....
The court cannot entertain a writ petition assuming encroachment without substantial evidence.
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