The petitioners approached this Court aggrieved by Ext.P6 order issued by the Village Officer. By Ext.P6 the petitioners have been prohibited from reclaiming the property and the adjacent thodu. The petitioners are in possession of an extent of 45.74 Ares of land comprised in Survey Nos. 209/6,209/7,209/8 and 209/9A in Edappally South Village. These properties classified as nilam in the BTR. 2. The learned Government Pleader admitted that petitioners' property is recorded as a converted land. It is further submitted that the petitioners constructed the bridge illegaly. It is also pointed out that the petitioners reclaimed the thodu and constructed a bridge. The petitioners' case is that bridge is constructed based on a valid permit issued by the Corporation and they have placed only a slab across the thodu. It is further submitted that the stop memo is illegal as the Village Officer has no authority to prohibit the activities. Admittedly, the petitioners' property is converted land. The petitioners also have obtained permit to carry out the development works in the property.
3. In view of the above facts and circumstances, I am of the view that activities carried on in the petitioners' property cannot be interdicted. However, if the petitioners have encroached upon the puramboke, necessarily that has to be identified by the Tahsildar and the Tahsildar has to find out whether the petitioners have encroached upon the puramboke thodu or not.
4. Therefore, the 3rd respondent Tahsildar shall find out whether the petitioners have encroached upon the puramboke or not within a period of six weeks from the date of receipt of a copy of this judgment. This shall be done after the physical verification and after hearing the petitioners and the complainant and also after measuring the property, if so warranted. However, Ext.P6 is interfered with to a limited extent of prohibiting any construction in the property belonging to the petitioners. The petitioners are free to undertake any construction in their property in accordance with law.
If it is found that the petitioners encroached upon the puramboke thodu, necessarily that has to be removed unless the petitioners apply for permit to put up any bridge/slab across the thodu and permit is granted to them.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.