Petitioners are the owners in possession and enjoyment of 9.60 Ares of property comprised in Survey No.119/1E&H of Chengannur Village. According to the petitioners, this was purchased from Thazhaman Madom as per Ext.P1. The petitioners pursuant to the building permit issued by the local authority, started construction of the building. By Ext.P14 order, it is evident that the petitioners have encroached upon the Devaswom property to the extent of 2.273 cents comprised in Survey No.274/1 of Chengannur Village. The petitioners case is that the property referred in Ext.P14 has no relation or connection with the petitioners' property. Ext.P14 is the detailed order passed by the Special Tahsildar after adverting to the objection of the petitioners. It appears that Ext.P14 order W.P.(C) No.30553 of 2014 2 is passed under the Land Conservancy Act and the proceedings are initiated against the petitioners to remove the illegal encroachment. Essentially, after hearing the learned counsel and going through the pleadings, I am of the view that the issue is relating to the identity of the property. Therefore, a fact finding is necessary and also reappraisal of the fact already considered by the Tahsildar. Therefore, the petitioners have an alternate remedy challenging Ext.P14 before the Revenue Divisional Officer. If the petitioners approach the Revenue Divisional Officer within two weeks from the date of receipt of a copy of this judgment, the Revenue Divisional Officer shall consider the appeal within a further period of six weeks after hearing the petitioners and the Devaswom. Till then, status quo shall be maintained.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln