1.Petitioners challenge Ext.P4 notice of the first respondent directing them to demolish the compound wall on the southern side of their property at their cost, which part of the land belongs to Pampa Irrigation Project stated to be illegally encroached by them. The said fact was reported by the Taluk Surveyor based on a survey conducted by him on 31.5.2014. Petitioners were therefore called upon to demolish the boundary wall failing which they were threatened with further proceedings.
2.Petitioners submitted Ext.P5 objection to the Assistant Executive Engineer and this writ petition is filed complaining that the survey was conducted without notice to them and that they were in possession of an extent of 3,.24 Ares in Sy.No.103/1-1 of W.P.(C)No.15127 of 2014 -:2:- Kuttoor village.
3.Learned Government Pleader, on instructions, submits that in furtherance to Ext.P4 notice, another notice dated 13.6.2014 had been served on the petitioners to demolish the unauthorized construction in the land belonging to Pampa Irrigation Project.
4.In view of the fact that the petitioners have dispute regarding the survey conducted by the Taluk Surveyor, which, according to the petitioners, was without notice to them, necessarily, if the respondent authority wants to evict the petitioners from possession of any puramboke land, appropriate steps has to be taken in accordance with the procedure prescribed. There is no material to indicate that, as matters stand now, any proceedings under the Land Conservancy Act has been initiated. Without initiating such proceedings in accordance with law or any other proceedings as envisaged under law, it may not be possible for W.P.(C)No.15127 of 2014 -:3:- the Assistant Executive Engineer by himself to take steps to demolish the compound wall as contemplated in Ext.P4 notice.
5.When such proceedings are taken, necessarily the same has to be completed with notice to the petitioners and if a dispute is traced regarding measurement of property, necessarily the same has to be done with notice to the petitioners. The entire proceedings shall be completed only after taking such measurement and thereafter it shall be open for the Government authorities to take appropriate action, in accordance with law.
With the above observation, this writ petition is disposed of.
A.M.Shaffique, Judge.
sl.