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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
AKHIL LOUIZ – Appellant
Versus
THE DISTRICT COLLECTOR, ERNAKULAM – Respondent
| Table of Content |
|---|
| 1. common issues in writ petitions. (Para 1 , 2) |
| 2. petitioner's assertion of property ownership. (Para 3 , 4 , 5) |
| 3. previous title holds weight in ownership. (Para 8 , 9) |
| 4. government must prove unauthorized possession. (Para 10 , 11) |
| 5. authority to issue noc considered in context. (Para 12 , 13) |
JUDGMENT
Dated this the 10th day of April, 2026
1.Since common issues are involved in these writ petitions, they are heard and disposed of by a common judgment. WP(C) No.21897 of 2022 has been filed challenging Ext.P25 notice issued as per the provisions of the Land Conservancy Act for evicting the alleged encroachment made by the petitioner in respect of 1.37 ares of land in Sy.No.46/1 of Moothukunnam Village. Whereas WP(C) No.13004 of 2023 is filed challenging Ext.P34 order issued by the 1st respondent rejecting the request of the petitioner for issuance of an NOC.
2. Brief facts necessary for disposal of the writ petitions are as follows:-
Petitioner is the owner in possession of 2.41 ares of land situated in Sy.Nos.75/25-2-5, 46/1-19-4 and 46/1-59 of Moothukunnam Village obtained as per Ext.P1 sale deed executed in the year 2020. Petitioner has been paying tax in respect of
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