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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
GEORGE XAVIER – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to notification on property ownership. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding property status and compensation. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. court's reiteration of legal principles on property rights. (Para 18 , 19 , 20 , 21 , 22) |
| 4. assessment of rights based on prior claims and documents. (Para 24 , 27 , 30) |
| 5. court's directive on handling of the property dispute. (Para 32 , 33) |
JUDGMENT
Dated this the 19th day of February, 2026 The writ petition is filed challenging Ext.P13 notification issued pursuant to the ecological and social impact assessment study conducted by Rajagiri College of Social Sciences, wherein the petitioner’s property comprised in Sy.No.443/1 of Chellanam Village has been described as “Xavier Desam Road”, treating it as a Panchayat road.
2. It is the specific case of the petitioner that he is the absolute owner in possession of 8.5 cents of land in Sy.No.155/2 (Re-Sy.No.443/1), Chellanam Village, as evidenced by Ext.P1 tax receipt and title documents. According to him, at the time of construction of the Chellanam Harbour, a portion of his property measuring 428 links in length and 18 links in w
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