The petitioner approached this Court aggrieved by Ext.P2 notice issued by the third respondent, by which, the petitioner has been directed to demolish the compound wall within ten days.
2. According to the petitioner he has constructed the boundary in his property and not in the Government land. He also submitted that he has filed a suit before the Munsiff Court, Kodungallur for fixation of boundary and permanent prohibitory injunction restraining the respondents from demolishing the wall constructed along the eastern boundary.
3. I am of the view that it is open for the Government to find out their own land and take appropriate action in accordance with law. If the petitioner has any proof regarding title, necessarily it has to be addressed before taking action against the petitioner. Therefore the third respondent shall with the assistance of the Tahsildar and Taluk Surveyor identify the property and hear the objection before finalisation of Ext.P2. Needful shall be done within a period of two months after hearing the petitioner. Till identification
W.P.(C)No.28511 of 2014
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of the property with the assistance of the Tahsildar and Taluk Surveyor, the proceedings for eviction shall be kept in abeyance. It is made clear that if based on such identification it is found that the property belongs to the Irrigation Department, necessarily immediate action shall be taken to remove the encroachment.
The writ petition is disposed of as above.
vpv
Sd/-
A.MUHAMED MUSTAQUE JUDGE