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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
KOTTANGAL GRAMA PANCHAYAT – Appellant
Versus
REVENUE DIVISIONAL OFFICER THIRUVALLA – Respondent
| Table of Content |
|---|
| 1. challenge to tahsildar's order regarding encroachment. (Para 2) |
| 2. arguments regarding the applicability of laws. (Para 3 , 4) |
| 3. need for reconsideration by the tahsildar. (Para 6) |
JUDGMENT
Heard Sri Jestin Mathew, the learned counsel for the petitioner, as well as Smt Sylaja S.L., the learned Government Pleader.
2. The Kottangal Grama Panchayat and its Secretary are the petitioners in this writ petition. They have instituted the captioned writ petition seeking to challenge Ext.P6 order issued by the 2nd respondent, Tahsildar, under the provisions of the Kerala Land Conservancy Act , 1957. By the aforementioned order, the petitioners have been directed to vacate the illegal encroachment in the construction in resurvey No. 241/7, having an extent of 1.44 ares, being the ‘Thodu Puramboke’.
3. The learned counsel for the petitioner contends that an order in the nature of Ext.P6 could not have been issued by the Tahsildar, since the ‘Thodu Puramboke’ is vested in the Panchayat, with reference to the provisions of Section 218 of the Kerala Panchayat Raj Act , 1994.
4. However, the learned Government Pleader seeks to rely on the judgment of this Court in Anish v. Distict
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