IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 28^TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 WP(C) NO. 6584 OF 2022 PETITIONER:

P.K.CHELLAPPAN, AGED 69 YEARS S/O. RAMAN, PUNNAVELIL HOUSE, MANTHURUTHY P.O., NEDUMKUNNAM, CHANGANACHERRY, KOTTAYAM 686 542.

BY ADVS.

M.P.MADHAVANKUTTY MATHEW DEVASSI RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2 THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM 686 002.

3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, 2ND FLOOR, MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM 686 001.

4 THAHASILDAR, CHANGANACHERRY TALUK, KACHERY ROAD, OPPOSITE GOVERNMENT MODEL H.S.S., CHANGANACHERRY, KOTTAYAM 686 101.

5 VILLAGE OFFICER, KARUKACHAL VILLAGE OFFICE, THORAPADY, KOOTHRAPPALLY KARUKACHAL, KOTTAYAM 686 540.

6 THE SECRETARY, KARUKACHAL GRAMA PANCHAYATH, KARUKACHAL, CHANGANACHERRY VAZHOOR ROAD, KOTTAYAM 686 540.

7 KARUKACHALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KARUKACHAL, CHANGANACHERRY VAZHOOR ROAD, KOTTAYAM 686 540.

8 KUNJUMOL SUGATHAN, PARAKKAL HOUSE, MANTHURUTHY P.O., CHANGANACHERRY , KOTTAYAM 686 542.

9 ABHILASH, PARAKKAL HOUSE, MANTHURUTHY P.O., CHANGANACHERRY , KOTTAYAM 686 542.

OTHER PRESENT:

SMT. MABLE .C .KURIAN SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner alleges that respondents 8 and 9 have encroached into 'puramboke land' and have made temporary constructions thereon for illegally setting up business thereon. He says that, therefore, he preferred Ext.P1 application before the 2^nd respondent – District Collector, who is the competent Authority under the provisions of the Land Conservancy Act, to evict the said respondents from the Government land; and prays that same be taken up and disposed of without any further delay.

2. The afore request of the petitioner, made by his learned counsel – Sri.M. P. Madhavankutty, was answered by the learned Senior Government Pleader – Smt.Mable C. Kurian, saying that if the petitioner only requires Ext. P1 to be taken up and disposed of by the District collector in terms of law, there does not appear to be any legal impediment in doing so; however, praying that this Court may not make any affirmative declarations on his entitlement to any relief and leave it to be decided by the competent Authority, in terms of law and further that party respondents be permitted to be heard when the said exercise is completed.

Taking note of the afore submissions, I order this writ petition to the limited extent of directing the 2^nd respondent – District Collector, to take up Ext.P1 application of the petitioner and dispose of the same, after affording him, as also respondent Nos. 6, 7 and 9, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment.

I make it reiteratingly clear that since I have not issued notice from this Court to respondent Nos. 6, 8 and 9, the District Collector will appropriately notify them and record and assess their version, while completing the afore exercise.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB APPENDIX OF WP(C) 6584/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITION DATED

22.02.2022 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR ALONG WITH THE POSTAL RECEIPT OF THE SAME.