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2026 Supreme(Online)(Ker) 14144

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
K.Y KURIACOSE – Appellant
Versus
EXECUTIVE ENGINEER DIVISIONAL OFFICE, PERIYAR VALLEY IRRIGATION PROJECT, PERUMBAVOOR P.O, ERNAKULUM – Respondent
WP(PIL) NO. 27 OF 2026



Advocates:
For the Appellants/Petitioners: Mr.Sabu Thozhuppadan
For the Respondents: Mr.U.Tekchand, Senior Government Pleader

Court emphasized procedural fairness and the necessity for clear boundary determination in land disputes.

Headnote:The court examined the encroachment claims on Puramboku land under Survey No.103 in Pattimattom Village, directing relevant authorities to refix boundaries and ensure fair hearing. The critical issues include the boundaries' clarity and procedural fairness. The court mandates resolution within six weeks, preserving parties' rights to a fair hearing, concluding with a directive for unbiased decision-making.

Table of Content
1. encroachment claim petition. (Para 1)
2. boundary determination directives. (Para 2 , 3)
3. fair hearing and decision-making. (Para 4 , 5)

JUDGMENT Soumen Sen , C.J .

The writ petitioner alleged that the 4th respondent has encroached the Puramboku land in Survey No.103 in Block No.34 of Pattimattom Village and has prayed for a direction upon the 1st respondent to erect fencing at the northern side of the said Puramboku land to separate it from the land of the 4th respondent.

2. It appears from a reply given by the Public Information Officer on 30.07.2025 that the Tahsildar, Perumbavoor has directed to refix the boundary since the boundary of the land under the ownership of Periyar Valley in the said area is not clear, with a further observation that the fencing will be erected after receiving Survey stones and funds subsequent to the fixation of the boundary.

3. We, therefore, direct the Executive Engineer, Periyar Valley Irrigation Project, to consider and dispose of the petition regarding the alleged encroachment of land in Survey No.103 in Block No.34 of Pattimattom Village within a period of six weeks from date after giving a reasonable opportunity of hearing to all the parties including the private respondent. The order shall be communicated to the petitioner and the private respondent within two weeks thereafter.

4. The matter stands disposed of.

5. We make it clear that we have not gone into the merits of the matter. The 1st respondent shall decide the matter uninfluenced by the observations made in this judgment.

Sd/-

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