IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 13^TH DAY OF JUNE 2024 / 23RD JYAISHTA, 1946 WP(C) NO. 34984 OF 2016 PETITIONER:

E.K.KUTTIKRISHNAN AGED 65 YEARS, S/O. K.K.KRISHNAN NAIR, "KRISHNAVILASAM"

NJARALLOOR, KIZHAKKAMABALAM P.O., ERNAKULAM DISTRICT.

BY ADVS.

SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE RESPONDENTS:

1 STATE OF KERALA, REP.BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.PIN-695001

2 THE AGRICULTURAL OFFICER KRISHNIBHAVAN, KIZHAKKAMBALAM, ERNAKULAM DISTRICT.PIN-

683562

3 LOCAL LEVEL MONITORING COMMITTEE KIZHAKKAMBALAM GRAMA PANCHAYATH, KIZHAKKAMBALAM, ERNAKULAM DISTRICT.PIN-683562

4 THE KIZHAKKAMBALAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KIZHAKKAMABALAM, ERNAKULAM DISTRICT.PIN-683562 BY ADVS.

SRI.THOMAS GEORGE, SC, KIZHAKKAMBALAM GRAMA PANCHAYAT ABRAHAM P.MEACHINKARA OTHER PRESENT:

SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 34984 of 2016 ------------------------------------------------------

Dated this the 13th day of June, 2024

JUDGMENT

This writ petition is filed with the following prayers:-

i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records relating to Ext.P3 and set aside the same.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to interfere with the cultivation in the agricultural land of the petitioner.

ii) Such further and other reliefs which this Hon'ble Court deems fit and proper in the facts and circumstance of the case.

2. The petitioner is the owner and in possession of property having an extent of 8 Ares and 60 Square meters of land in Re-survey No. 448/1 of Kizhakkambalam Village, Ernakulam District as evident by Ext.P1 Sale Deed. The above said land is described as a paddy land in the document.

3. According to the petitioner, the said land was reclaimed as agricultural land much before 2008. He submitted that the predecessor in interest of the petitioner had been cultivating various crops such as coconut trees, tapioca, banana plants, turmeric, ginger etc., in the said property and the cultivation was continued by the petitioner also. It is also submitted that there are coconut trees aged more than 25 years in the property. The petitioner produced Ext.P2 photographs to prove the nature of the land.

4. The southern side of the property belongs to Son of the petitioner, Mr. Rakesh K Nair. Northern side of the property is a Thodu. It is further submitted that there are no paddy cultivation in the adjacent properties for so many years. It is submitted that the petitioner cultivated the above said crops along with the property of his son and there is no paddy cultivation in the adjacent property also.

5. It is submitted that some persons approached the petitioner, who are the owners of the property situated far away from the petitioner’s property and demanded a way through the property of the petitioner and his son.

Thereafter, the 2^nd respondent is interfering alleging that there was a ramp situated in the property of the petitioner's son years back, which is not existing now. Against the threat and illegal attempt to destroy the cultivation, the petitioner's son has moved this Court with a police protection petition and this Court granted interim prayer is the submission. Subsequently, the petitioner was served with a notice from the 2^nd respondent as evident by Ext.P3 to restore the alleged ramp and the varamba within 7 days. It is stated in Ext.P3 that unless the ramp and the varamba are restored within 7 days, the Grama Panchayath will take initiative to undertake the said activities. Aggrieved by the same, this writ petition is filed.

6. Heard the learned counsel for the petitioner and the Government Pleader.

7. When this writ petition came u