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2018 Supreme(Online)(KER) 66855

HIGH COURT OF KERALA
ANU SIVARAMAN, J
ANU JAYACHANDRAN – Appellant
Versus
SMT VIJAYA KUMARI – Respondent


JUDGMENT

The petitioners have approached this Court seeking appropriate action for the removal of encroachment on the road Poramboke adapting the National Highway. It is submitted by the learned counsel for the petitioners that the 7th respondent has encroached into the road poramboke and the said encroachment is liable to be evicted. The contention of the petitioners is that no steps have been taken for the demarcation of the properties and for eviction, in terms of the Kerala Highway Protection Act.

2. It is submitted by the learned Government Pleader, on instructions, that appropriate steps have been taken to demarcate the poramboke property and to remove encroachment in terms of the Highway Protection Act. The submission is recorded. Though the learned counsel appearing for the 7th respondent seeks time to file counter affidavit, I am of the opinion that since steps have already been taken for the demarcation of government land in accordance with law, such proceedings should go on, subject, of course to the claim of the 7th respondent as to title to be substantiated by documents.

In the above view of the matter, there will be a direction to the official respondents to proceed with

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