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 Exhibit P2, 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 afÏdavit is filed in this case by the

2nd respondent. It will be better to extract paragraph No.2 of the counter afÏdavit;

“2. With regard to the averments stated in paragraphs 1 and 2 of WP(C), it is respectfully submitted that according to Village OfÏcer'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(C) 19312/2013 PETITIONER EXHIBITS EXT.P1 - TRUE COPY OF THE SKETCH OF BLOCK NO.28 OF THE KAVANOOR VILLAGE EXT.P2 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 18-9-1994 EXT.P3 - TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED TO THE PETITIONER BY THE LAND TRIBUNAL DATED 13-5-1976 AS NO.2571/1973.

EXT.P4 - TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED TO THE PETITIONER BY THE LAND TRIBUNAL DATED 3-7-1976 AS NO.2567/1973 EXT.P5 - TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED TO THE PETITIONER BY THE LAND TRIBUNAL DATED

17-11-1975 AS NO.2542/1973.

EXT.P6 - TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE ERNAD TALUK MANJERI DATED 6-3-2013 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE