The petitioner claims to be the owner and in possession of 26.80 Ares of land in Survey No.369/3 (Re.Sy. No.81/5) of Malayattoor Village, Aluva Taluk. Ext.P21 is the Patta issued in favour of the predecessor of the petitioner. The petitioner has approached this Court in an earlier occasion seeking a direction to take action under the Kerala Survey and Boundaries Act. According to the petitioner, Ext.P23 sketch was issued to him by the District Survey Superintendent. The petitioner's case is that the property as above stands in his name as identified with reference to Ext.P23 sketch. The Periyar Valley authorities are flooding water into the petitioner's property discharging from Manappattichira in Malayattoor Village, Ernakulam District. The petitioner also seeks for a direction to the respondents to take necessary steps to acquire the petitioner's property, if so warranted, under the Land Acquisition Act.
2. In this matter, the third respondent has filed counter affidavit. According to the third respondent, no land is left with any person in this area in this particular survey number. All the properties have been acquired under the Land Acquisition Act as per the proceedings in LAC No.23/1986 and the compensation has been disbursed to the title holders. It is also stated that the petitioner's father who was the predecessor-in-interest in respect of the property also have received compensation. Therefore, it is stated that the petitioner cannot claim any right or title to the property referred against the petitioner.
3. In the reply affidavit filed by the petitioner, it is stated that no compensation has been disbursed to the children of Devassy nor the property was acquired as per the proceedings in LAC No.23/86. It is also submitted that the aforementioned property belongs to the petitioner exclusively.
4. Considering the facts and circumstances, I am of the view that the District Collector, Ernakulam shall take a decision in the matter, after obtaining reports from the Taluk Surveyor, the Tahsildar and the third respondent and after adverting to the petitioner's contention that these properties were not included in LAC No.23/86. The property shall be identified with reference to the proceedings in LAC No.23/86 and also with reference to Ext.P23 issued by the Survey Superintendent and find out whether compensation has been disbursed to the petitioner's father. If the property does not form part of the land acquisition proceedings, necessarily, the petitioner's grievance shall be adverted into. If warranted, the land acquisition proceedings shall be initiated against the property in accordance with law. If it is found that the property does not form part of LAC No.23/86, the authority shall divert from discharging water to the petitioner's property without acquiring the same. However, it is made clear that the finding of fact has been entered that the property has been acquired as per the proceedings in LAC No.23/86, the Authorities free to act as if it belongs to them. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln