JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents 1 to 6 to evict the 7th Respondent from the Puramboke Land of the Government access to the Paravoor-Kalakkode Public Road adjacent to the Petitioner's property by initiating proceedings under the Land Conservancy Act and Rules and the Kerala Panchayath Raj Act.

ii. To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents 1 to 6 to desist the 7th Respondent from continuing the construction in the Puramboke Land of the Government access to the Paravoor-Kalakkode Public Road adjacent to the Petitioner's property and initiate proceedings under the Land Conservancy Act and Rules and the Kerala Panchayath Raj Act.

iii. To Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2. The main grievance of the petitioner is to initiate appropriate proceedings against the 7th respondent for unauthorized occupation of Government land. A counter affidavit is filed by the 2nd respondent, the relevant portion of which is extracted hereunder:

“3. It is submitted that the 7th respondent had encroached upon an extent of 01.07 Ares of puramboke land in Sy. No.206/7 in Poothakkulam Village and constructed a house thereon and has been residing there with his family for the last 25 years. The Land Conservancy Case (LC 27/99) was registered against the 7th respondent as per the provisions of Kerala Land Conservancy Act, 1957 and prohibitory tax has been remitting by him. As per Government Policy, Record of Right, was issued to the 7th respondent for and extent of 01.07 Ares in Re-Sy. No. 206/7 of puramboke land vide Order No.C5-9289/2010. The Government have taken steps to rehabilitate the 7th respondent considering the fact of his long holding and a landless person. There is no obstruction to the free flow of water and the ingress and egress to petitioner's land and road traffic due to the possession of the 7th respondent. As and when rehabilitation process is completed, the 7th respondent would be shifted to that place.

4. It is submitted that Record of Right as per Government policy was issued to the 7th respondent. No other constructions other than maintenance of house were made in is this puramboke land. As present, there are no obstructions as alleged for the petitioner's ingress and egress to his property. After the process of rehabilitation, he would be evicted from that place.”

3. In the light of the above averments in the counter affidavit, I think nothing survives in this case.

Recording the counter affidavit, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE

JV

APPENDIX OF WP(C) 20906/2015 PETITIONER EXHIBITS EXT.P1 : TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, POOTHAKULAM TO THE PETITIONER.

EXT.P2 : TRUE COPY OF THE COMPLAINT DT.16-12-2005 FILED BY THE PRIOR OWNER OF THE PETITIONER'S PROPERTY AGAINST R7 BEFORE R1 AND THE ORDER OF R1.

EXT.P3 : TRUE COPY OF THE COMPLAINT DT.23-4-2015 FILED BY THE PETITIONER BEFORE R3.

EXT.P4 : TRUE COPY OF THE RECEIPT ISSUED BY R6 TO THE PETITIONER.

EXT.P5 : TRUE COPY OF THE COMPLAINT DT.27-4-2015 FILED BY THE PETITIONER BEFORE R1.

RESPONDENT’S EXHIBITS EXT.R7(A) COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE

7TH RESPONDENT EXT.R7(B) COPY OF HTE RELEVANT PAGES OF HTE RATION CARD OF THE 7TH RESPONDENT