IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1^ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 19288 OF 2013 PETITIONER:

KOMBAN MANSOOR AHAMMED S/O.MAMMED, SHAMLAS HOUSE, KAVANOOR P O, MALAPPURAM DISTRICT.

BY ADV SRI.BABU S. NAIR RESPONDENTS:

1 THE DISTRICT COLLECTOR MALAPPURAM, PIN-676 505.

2 THE TAHSILDAR ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT, PIN-676121

3 THE VILLAGE OFFICER KAVANOOR VILLAGE, MALAPPURAM DISTRICT, PIN-673 644 BY ADV. SRI. B.S. SYAMANTHAK, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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W.P.(C)No.19288 of 2013 -------------------------------------

Dated this the 01^st day of February, 2024

JUDGMENT

The above writ petition is filed with the following prayers;

“i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to rectify the mistake in the revenue records as regards the entry of a non- existing road and assign the land in the possession of the petitioner, which is described as puramboke in the revenue records;

ii) Issue a writ of mandamus or any other appropriate writs, orders оr directions commanding the 1st respondent to consider and pass orders on Exhibits P2 and P3, expeditiously without any further delay;

iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” (SIC)

2. The main prayer in this writ petition is to issue appropriate directions commanding the respondents to rectify the alleged mistake in the revenue records as regards the entry of a non- existing road and assign the land in the possession of the petitioner, which is described as ‘Puramboke’ in the revenue records.

3. A counter affidavit is filed by the 2nd respondent in WP(C) No.19312/2013, which is adopted in this case also. It will be better to extract paragraph No.2 of the aforementioned counter affidavit;

“2. With regard to the averments stated in paragraphs 1 and 2 of WP(C), it is respectfully submitted that according to Village Officer's report the petitioner is in possession of an extent of 0.3380 Hectares comprised in Block No.28 Re Sy. No. 129/1, 129/9 ie. 0.1700 & 0.1680 hectares of land respectively. In the middle of the above two survey numbers an extent of 0.1760 hectares of land is included in Sy. No. 129/5 in Block No. 28 as puramboke and its old Sy. No. is 220/6B and also known as Tippu Sulthan Road. The above puramboke is under the possession of Kavannur Panchayath. The concerned land did not include in the assignment list prepared as per Kerala Land Assignment Rules which is under the possession of Panchayath as per Panchayath Raj Act. The petitioner encroached about 18 cents of Road Puramboke in Block No. 28 Re Sy. No. 129/5 of Kavannur Village. The concerned property is pakka road puramboke. The above said property had included in the old survey records also. During the preparation of Re Survey records each and every puramboke lands existing in the old survey records were also included and marked in the Re Survey Records. In the Re Survey Records concerned property marked as Road Puramboke was not be happened a mistake. The concerned property exempted from assignable land as per Kerala Land Assignment Rule 1964 1A (VI). Therefore thodu Puramboke and road puramboke would not be assigned.”

4. From the above it is clear that the petitioner is in possession of puramboke land which is under the possession of Kavannur Panchayath. In such circumstances, this Court cannot pass any orders at this stage. But, I make it clear that the petitioner can be evicted from the property only in accordance with the provisions of Kerala Land Conservancy Act, 1957 and also under other relevant provisions, in accordance with law.

With the above observation, this Writ Petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF WP