The writ petition was filed in the year 2013 seeking

following reliefs:

a.

to issue writ of mandamus or order or direction or any

other appropriate writ directing the respondents not to

proceed against the property of the petitioner without

adverting to the provisions of the Kerala Land

Conservancy Act or the Land Acquisition Act, 1894.

b.

Issue such other writ, order or direction is this Hon'ble

Court may deem fit and proper on the facts and

circumstances of the case and in the interest of justice.

2.

In this matter, Additional 4^th respondent, the

Project Director & General Manager of PIU-Palakkad, go

impleaded. It is stated in the counter filed by the 4^th

respondent that a portion of the building belonged to the

petitioner has been encroached into the National Highway

land. Therefore, it is clear that Land Conservancy Act could

not apply in this matter. The 4^th respondent alone is

competent to take action under Section 26 of the Control of

National Highways (Land and Traffic) Act, 2002.

3

In the said circumstances, the writ petition is disposed

of with the following directions:

No proceedings under the Land Conservancy Act shall

be taken against the petitioner by any of the respondents

under the Land Conservancy Act. The 4^th respondent is at

liberty to invoke provisions of the Control of National

Highways (Land and Traffic) Act, 2002, to remove

encroachment, if any, made by the petitioner, after issuing

notice to him and after affording him an opportunity of being

heard.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

jv

JUDGE

4

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE REGISTERED SALE DEED

NO.5772/1997 OF THE SRO, PALAKKAD.

EXHIBIT P2

TRUE COPY OF THE BASIC TAX PAID RECEIPT

DT.9-12-2012 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3

TRUE COPY OF THE POSSESSION CERTIFICATE

DT.10-12-2012 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4

TRUE COPY OF THE PROPERTY TAX PAID RECEIPT

DT. 13-12-2011 ISSUED BY THE PUDUSSERI

GRAMA PANCHAYAT.

EXHIBIT P5

TRUE COPY OF THE PHOTOGRAPHS OF THE

PROPERTY

EXHIBIT P6

TRUE COPY OF THE CURRENT PHOTOGRAPHS OF HTE

DISPUTED STRUCTURE

EXHIBIT P7

TRUE COPY OF THE WEDDING INVITATION CARD

DATED 31.5.2010

EXHIBIT P7(A)

TRUE COPY OF THE WEDDING INVITATION CARD

DATED 8.3.2015

EXHIBIT P7(B)

TRUE COPY OF HTE WEDDING INVITATION CARD

DATED 15.3.2015

EXHIBIT P7(C)

TRUE COPY OF THE WEDDING INVITATION CARD

DATED 9.5.2015

EXHIBIT P7(D)

TRUE COPY OF THE WEDDING INVITATION CARD

DATED 26.4.2015

EXHIBIT P7(E)

TRUE COPY OF THE WEDDING INVITATION CARD

DATED 3.5.2015

EXHIBIT P7(F)

TRUE COPY OF THE WEDDING INVITATION CARD

DATED 4.5.2015

EXHIBIT P7(G)

TRUE COPY OF THE WEDDING INVITATION CARD

DATED 17.5.2015

5

PETITIONER'S/S EXHIBITS:

EXHIBIT R4(A)

TRUE PHOTOCOPY OF THE FIELD NO.45

(RE.SY.NO.45)SHOWING THE ENCROACHMENT AND

THE SURVEY BOUNDARY OF RE.SY.NO.54/18 IN

BLOCK 35 PREPARED BY THE SURVEYOR AND

COUNTER SIGNED BY THE DEPUTY COLLECTOR,

LANH, PALAKKAD

EXHIBIT R4(B)

TRUE PHOTOCOPY OF THE NOTICE DATED

30.06.2014 ISSUED BY THE 4TH RESPONDENT TO

THE PETITIONER

EXHIBIT R4(C)

TRUE PHOTOCOPY OF THE REPRESENTATION FILED

BY THE PETITIONER ON 15.7.2014

EXHIBIT R4(D)

A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF

THE HEARING NOTES