Petitioners seeking writ of certiorari to quash notices issued by revenue authorities faced ground-level finding that relief was no longer necessary. Court dismissed petition as infructuous without substantive analysis.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942
WP(C).No.34470 OF 2014(G)
PETITIONERS:
BY ADVS.
SRI.P.V.VENUGOPAL SRI.P.R.JAYAKRISHNAN SRI.L.RAJESH NARAYAN
RESPONDENTS:
SMT A.C.VIDHYA-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.34470 OF 2014 2
JUDGMENT
The petitioners, who are conducting shops in Block No.18 in Panmana Village, on the eastern side of NH.47, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P8 and Ext.P9 notices dated 10.12.2014 and also Exts.P4 to P6 notices dated 26.09.2014 and 02.12.2014 issued by the 2nd respondent Additional Tahsildar as illegal, vitiated by malafides, and contrary to the stand in Ext.P12 written statement in O.S. No.207/2007 on the file of the Munsiff's Court, Karunagappally. The petitioners have also sought for other consequential reliefs.
“6. It is submitted that shops run by the petitioner and
WP(C)No.34470 OF 2014 3
on the side and nearby to the National Highway and the lands are noted as Puramboke Land which to certain extent is proposed for widening of the National Highway as four line road. On inspection it was also noted that the shops functioning with temporary constructions has been constructed without any permission from the local authorities and had not followed the relevant rules in respect of construction of the buildings. It was also found that they encroached the land only after 2007 and revenue authorities had registered the Land Conservancy Cases against them on 11.06.2012 and issued B-Form Notice on 30.07.2012 as cases numbering as 5/2012 to 12/2012. Though they claim that they are only successors of their predecessors they could not prove any claim regarding their title or ownership of the land. The petitioners are also well aware that the lands occupied are proposed for the widening of the National Highway and therefore their intention is to receive compensation when the land is taken over for the work of the National Highway. Moreover their present claim not to evict them from the Government Puramboke land is solely with an intention to get any suitable land or shops from the Local Self Government Institution as and when they are ultimately evicted from the encroached lands.
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Panmana Village is noted as Puramboke Land (Government of Kerala Minerals and Metals Ltd.). The KMML had demarcated their land under their ownership and the lands in question are excluded from the ownership of the company and therefore the lands are in the absolute ownership 0of the Government and noted as Government Puramboke land. The petitioner being the unauthorized occupants and encroachers of the Government land are liable to be evicted summarily. Any concession if shown to the encroachers will encourage further encroachments of public property, which is not to be entertained.”
Recording the aforesaid submission made by the learned counsel for the petitioners, this writ petition is dismissed as infructuous.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
T. MUTHALIEF AND ANR
ADDITIONAL DISTRICT MAGISTRATE, KOLLAM
ADDITIONAL TAHSILDAR, KARUNAGAPPALLY
VILLAGE OFFICER, PANMANA
ANIL K. NARENDRAN
As recorded by the court registry
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