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2022 Supreme(Online)(KER) 60436

RAJU SHAMSUDEEN – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

The above writ petition is filed challenging Ext.P4 notice and Ext.P5 survey sketch. Based on Ext.P5 survey sketch the petitioner was issued with Ext.P4 notice under Rule 13A of the Kerala Land Conservancy Rule.

2. As per the averment in the writ petition, the petitioner is in ownership of 2.88 Ares of property in Sy.No.137/2 of Pullazhi Village and a building bearing Nos.10/160/1, 2, 3, 4, 5, 6 of Thrissur Corporation. The 3rd respondent issued Ext.P4 eviction notice under the Land Conservancy Rules alleging that the petitioner has encroached Government Puramboke land. The petitioner had on receipt Ext.P4 notice made enquiries and it was learnt that the 4th respondent has allegedly conducted a survey in Olari-Pullazhi Road and noted certain encroachments and Ext.P5 is the photocopy of the encroachment sketch of Olari-Pullazhi Road issued by the 4th respondent. It is the case of the petitioner that Ext.P5 survey is not properly conducted and the petitioner and other locals were not notified and they are not aware of any such survey that has taken place. It is aggrieved by the issuance of Ext.P4 notice based on Ext.P5 survey sketch that the petitioner has approached this Cou

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