IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 30^TH DAY OF MAY 2024 / 9TH JYAISHTA, 1946 WP(C) NO. 33634 OF 2023 PETITIONER:

SHAMMY JAYARAJ AGED 51 YEARS S/O DR. JAYARAJAN , AGED 51 YEARS, NOW RESIDING AT 10105 E STROBE AVE, MESA, AZ85212, UNITED STATE OF AMERICA, PHONE NO. 1480-6757959. (REPRESENTED BY POWER OF ATTORNEY HOLDER HIS MOTHER K CHANDRIKAKUMARI W/O DR.

JAYARAJAN, AGED 72 YEARS, RESIDING AT CHANDRIKA BHAVAN,PUNNAKKULAM, K.S PURAM, P. O. KARUNAGAPPALLY, KOLLAM, PIN - 690544 BY ADVS.

ABDUL SALIM M.

S.SUJIN RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR DIRECTORATE OF PANCHAYATH, MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695001

3 THE DISTRICT COLLECTOR COLLECTORATE, KOLLAM DISTRICT, PIN - 691013

4 TAHASILDAR KARUNAGAPPALLY,CIVIL STATION, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690518

5 ALAPPADU GRAMA PANCHAYATH REPRESENTED BY ITS PRESIDENT, ALAPPADU,AZHEEKKAL NORTH,AZHEEKKAL,P.O, KARUNAGAPPALLY,KOLLAM, PIN -

690547

6 SECRETARY ALAPPADU GRAMA PANCHAYATH, ALAPPADU, AZHEEKKAL NORTH, AZHEEKKAL P.O,KARUNAGAPPALLY, KOLLAM, PIN - 690547

7 VILLAGE OFFICER ALAPPADU VILLAGE OFFICE, ALAPPADU, AZHEEKKAL NORTH, AZHEEKKAL P.O, KARUNAGAPPALLY, KOLLAM, PIN - 690547

8 SANALKUMAR AGED 52 YEARS S/O MANIKYAM RESIDING AT SANIL BHAVANAM, ALAPPADU, AZHEEKKAL NORTH, AZHEEKKAL P.O, KARUNAGAPPALLY, KOLLAM, PIN - 690547 BY ADVS.

S.SUDHEESHKAR BASIL CHANDY VAVACHAN CHARUTHA BHAIJU(K/000413/2018)

GEORGIE SIMON(K/001374/2001)

CHANDHANA BHAIJU(K/001122/2022)

BASIL SAJAN(K/2266/2022) FATHIM NAVAS(K/785/2023)

BASIL SCARIA(D/8405/2018)

KAVYA P.R.(K/1157/2023)

OTHER PRESENT:

GP-DEEPA V THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM,J -----------------------

W.P.(C).No.33634 of 2023 ---------------------------------

Dated this the 30^th day of May, 2024

JUDGMENT

Petitioner has approached this Court seeking a direction to the 6^th respondent to remove the illegal construction carried out and also the unlawfully erected structure thereon by the 8^th respondent in front of the petitioner's property. It is averred that the petitioner is holding an extent of 2.56 Ares of land in Re-Survey No.158/2- 2-1 in Block No.1 in Alappadu Village obtained as per sale deed No.1726/13 of 2013 dated 29.05.2013, a copy of which is produced as Ext.P2. The boundaries on the western side of petitioner's property is shared with the property of the 8^th respondent.

2. The grievance raised by the petitioner is that the 8^th respondent has encroached upon the Government land and constructed a shop building. It is in the said circumstance, the petitioner has approached this Court seeking a direction to the authorities to take appropriate action for removing the illegal encroachment by the 8^th respondent. Pursuant to the direction issued by this Court, a statement has been filed by the 4^th respondent wherein it is stated that the disputed land is mentioned as 'Kadal puramboke' and the 8^th respondent has constructed shop buildings in the seashore in front of the property of the petitioner and also erected a structure on four iron pillars fixed on concrete platform and installed a machine for snacks preparation purpose in the seashore, which is in front of the petitioner's property, partially restricting the sea view from the petitioner's property. It is further stated that as per the Village records, the land is not in the name of the Panchayath and that the disputed land is Kadal Puramboke and neither the petitioner nor the 8^th respondent has any right to carryout constructions in the Kadal Puramboke and that the above mentioned constructions are totally illegal and liable to be evicted as per the provisions of the Kerala Land Conservancy Act, 1957.

In view of the above factual situation, and after hearing the learned counsel for the petitioner, learned G