Petitioners approached this Court for the following reliefs: “i) pass appropriate writ or order directing the 3rd respondent to survey the Devaswom board property and fix the boundary of the Devaswom board property and to demarcate the property owned by the petitioners with proper notice.
ii) pass appropriate writ or direction or order to the R.D.O. Fort Kochi to pass orders in appeal arising from Ext.P10 after demarcating the boundary of Devaswom Board properties and the petitioners property with the help of 3rd respondent.
iii) to allow costs to this petitioner.”
By Ext.P10, the Special Tahsildar, Devaswom passed an order under Land Conservancy Act, to remove certain illegal occupations. Petitioners' case is that it is on account of non identification of the property with the -2-
W.P.(C). No. 31557 of 2014 Devaswom property, the order has been passed to evict the petitioner from the land referred in Ext.P10. It is submitted that the petitioners are not in occupation of any of the Devaswom properties. Petitioners also submit that they have already approached the RDO, Fort Kochi challenging Ext.P10. The 2nd prayer in the writ petition is that the RDO shall pass an order in appeal, arising from Ext.P10, after demarcating the boundary of Devaswom property with the petitioner's property, with the help of the Taluk Surveyor.
In view of the above, there shall be a direction to the RDO to pass appropriate orders in the appeal filed by the petitioners, against Ext.P10, after demarcating the property of the petitioners with the 1st respondent's property, with the assistance of the Taluk Surveyor. Appropriate orders shall be passed after demarcation within a period of three months. Till a decision is taken by the RDO, all coercive steps, pursuant to Ext.P10 shall -3-
W.P.(C). No. 31557 of 2014 be kept in abeyance and a status-quo shall be maintained.
The Revenue Divisional Officer is suo motu impleaded as the additional 4th respondent.
Sd/-
A. MUHAMED MUSTAQUE JUDGE das