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2026 Supreme(Online)(Ker) 14127

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
ANNIE THOMAS – Appellant
Versus
THE ADDITIONAL TAHSILDAR (TALUK SURVEYOR) – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.G.HARIHARAN, SRI.PRAVEEN.H, SMT.K.S.SMITHA, SRI.V.R.SANJEEV KUMAR
For the Respondents: SRI.M.H.HANIL KUMAR, GP- RIYAL DEVASSY

JUDGMENT

Dated this the 26th day of February, 2026 Petitioner has approached this Court challenging Ext.P12 order issued by the 4th respondent, wherein a direction was issued to the petitioner to remove the encroachment.

2. The specific case of the petitioner is that the said order was issued totally ignoring the direction contained in Ext.P9 common judgment in WP(C) No.14620 of 2019 which was filed challenging the proceedings initiated under the Land Conservancy Rules and this Court disposed of the same directing that a survey be conducted by the Taluk Surveyor for demaraction of the boundary and directing the respondent Panchayat to take appropriate action thereafter, and if any action is taken by the respondent Panchayat, petitioner has an effective remedy to challenge the said order before the appropriate forum, and granting liberty to the Panchayat to take action in accordance with law. Now Ext.P12 order has been issued.

Even in Ext.P12 order there is a specific mention that the action has been taken after the survey and demaraction was completed by the Taluk Surveyor and based on the report and sketch received from the Tahsildar (LR), Chalakkudy dated 01.10.2019. Similar conten

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