Shaffique, J.
The petitioner has approached this Court seeking for a direction to the police to provide adequate protection to fill the property in the light of Ext.P1 order.
2. The petitioner claims to be the owner in possession of an extent of 73.50 Ares of property in Re-survey No.135/3, 135/4 and 135/3-1 of Thakazhi village. In order to increase the height of the property to the road level, the petitioner sought for permission from the Revenue Divisional Officer to fill up the land. The petitioner submits that party respondents 4 and 5 and their men had obstructed the filling of the property and therefore, he made a complaint before the police to afford adequate protection to him to level the property. Since no action has been taken so far, he has approached before this Court.
3. Party respondents have filed counter affidavit inter alia stating that the property in question is a paddy land and that in Ext.P3 data bank particulars prepared by the Local Level Monitoring Committee of the area the description of the property in Re-survey No.135/3 is shown as residential plot. In respect of all other properties no such materials are available. Further it is stated that if portion of the property is to be filled up, the entire area will be altered and it will change the topography of the land.
4. The party respondents have also filed an additional counter affidavit and produced Ext.R4(d), the report of the Village Officer, Thakazhy which inter alia indicates that though the properties are described as 'garden land' in the revenue records, the property is actually a 'paddy land'.
5. But, it is evident from the data bank particulars that the property in Re-survey No.135/3 is described as 'residential plot'. There is no materials available to show that properties in Re-survey Nos.135/4 and 135/3-1 is paddy land. We assume that the Revenue Divisional Officer has given permission to the petitioner to proceed with levelling of his land as per order dated 27.10.2014 as evident from Ext.P1 after conducting proper enquiry. If the party respondents have any dispute regarding the nature of land or violation of any statutory provision, they have to approach the competent forum/authority/court. They cannot obstruct the levelling of the land physically.
6. Learned counsel for respondent Nos.4 and 5 submits that they have not created any obstruction in the matter relating to filling up the land.
7. Having regard to the aforesaid submission, we are of the view that if the party respondents have any objection regarding the levelling of the aforesaid land, they have to take appropriate steps in accordance with law and if there is any law and order situation in regard to filling up the land, respondents 2 and 3 have to provide adequate and effective protection to the petitioner to level the property in the light of Ext.P1 order.
In the result, this writ petition is disposed of as follows :-
If there is any law and order situation in the matter regarding levelling of the land by the petitioner, respondents 2 and 3 shall ensure that law and order situation is maintained.
Sd/-
ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE JUDGE Jvt