The notice issued by the Tahsildar, Vilavancode, in proceeding dated 27.05.2004 is under challenge in the present writ petition.

2. The learned counsel for the writ petitioner states that the writ petitioner is the owner of an extent of 1.50 ares of land bearing R.S. Field No.300/8A and 448/8 of Midalam village, Vilavancode Taluk, kanyakumari District. The land is a patta land. The writ petitioner constructed a house over the land situated on the eastern portion in the year 1984 and the same is bearing the door No.7-56/A.1 of Karungal Town Panchayat.

3. A narrow strip of poramboke land comprised in R.S.No.300/9 lies sandwiched in between the writ petitioner's patta lands in R.S. Nos. 300/8-A & 448/8. There is no dispute with regard to the writ petitioner's ownership of the patta lands. The Karungal-Midalam road is on the Eastern side of R.S.448/8 road runs. The said poramboke land measuring about 1.5 acres, which is equivalent to 3.5 cents approximately is sandwiched in between the writ petitioner's two patta lands and the writ petitioner is in occupation and enjoyment of the same for several years. For the purpose of safety, the writ petitioner had put up a compound wall through northern and southern side of the lands in 1974 itself.

4. The learned counsel for the writ petitioner states that the Authorities recognized the possession of the writ petitioner in respect of the strip of the land which is classified as Government poramboke. The writ petitioner is paying the B memo charges in respect of his occupation of the said poramboke land. At the outset, it is contended that the writ petitioner is owning a patta land and in between his patta lands a strip of land is classified as poramboke land and therefore, for safety reasons, the writ petitioner constructed compound wall and in occupation of said poramboke land for the past many years. Under these circumstances, the present writ petition is filed seeking assignment of the said portion of the land on the ground that the writ petitioner is in possession of the land for a considerable length of time.

5. Mr. K. Kannan, Tahsildar, Vilavancode, Kanyakumari District is present before this Court along with the files. The learned Additional Government Pleader representing the Tahsildar, submitted the status report submitted by the Tahsildar/4th respondent. The status report reveals that the writ petitioner filed the present writ petition to retain his blockade made on the “Odai Poramboke” by raising the compound wall along with his patta land being aware of the miseries and hardships experienced by the local public.

6. Survey No.300/9 having an extent of 0.05.50 hectare land in Midalam Village of Vilavancode Taluk of Kanniyakumari District is classified as Odai Poramboke which is a water course. The petitioner owns his patta land in Resurvey No.300/8A having an extent of 0.42.00 hectare (1.05 acre) on the Western side of aforesaid Odai poramboke. The petitioner's wife Tmt. Joice owns an extent of 0.01.50 hectare land in survey No.448/8 lies on the eastern side of the said Odai poramboke. The petitioner encroached south middle of Odai in survey No.300/9 and constructed compound wall in the Odai along with the aforesaid patta lands lying on both side of Odai and thus blocked the Odai to an extent of 0.01.50 hectare. No B.Memo has been registered against the petitioner or his wife for the encroachment. 'U' Lease only has been granted to him for enjoyment of one cashew nut tree vide U.Lease No.15. The petitioner has constructed a house bearing Door No. 7/56A1 of Karungal Town Pachayat in Survey No.300/8A which lies on the water side of Odai poramboke. Lying on the northern side of petitioner's land in survey No.300/8A is survey No.300/7 which is owned by one Thiru.Murugayya with an extent of 0.53.50 hectare. He has constructed compound wall on all other side except the side of Odai. The land encroached by Thiru.Murugayya was already evicted and another pattadar Thiru.Durai Raj who has