The court upheld the validity of administrative action based on survey reports, affirming the petitioner's right to appeal against the encroachment removal order.

JUDGMENT

Dated this the 26^th day of February, 2026 Petitioner has approached this Court challenging Ext.P12 order issued by the 4^th 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 contention is raised in the counter affidavit filed by the 4th respondent also, wherein it is stated that the further action evidenced by Ext.P12 order was issued only on the basis of the survey sketch and report prepared by the Tahsildar (LR), Chalakkudy. But it is seen that there is no averment in the writ petition to the effect that the petitioner has not received the report and sketch prepared by the Tahsildar or that the survey has been done without notice to the petitioner. Therefore, the contention of the petitioner that the issuance of Ext.P12 is in violation of the directions in Ext.P9 cannot be accepted. Therefore, I find no reason to interfere with Ext.P12 order issued by the respondent Panchayat, but it is made clear that the petitioner will be free to approach the appropriate appellate forum challenging Ext.P12 as ordered in Ext.P9 judgment.

Leaving open such right the writ petition is closed.

Sd/-