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Judgment
Sathish Ninan, J.
Alleging encroachment and illegal construction of a shed/bunk in the property acquired from the petitioner as per the proceedings in LAC 69/12, the
third respondent Assistant Engineer and the second respondent Corporation issued Exts.P5 and P6 communications respectively to the petitioner,
directing removal of the same. It is challenging Exts.P5 and P6 that the petitioner has approached this Court.
According to the petitioner, an extent of 1.5 cents (61 Sq. M.) of land, with a building bearing TC No.18/967 (New TC 48/130), situated in Sy.
No.1179/5-1-1 RS 134 Block No.071 in Thirumala village belong to him as per Ext.P1 Will Deed No.85/2013 executed by his father. From out of the
said extent, 54 Sq. M. with a portion of the building was acquired as per LAC 69/2012 for widening the Thirumala - Thrikkannapuram road.
According to the petitioner, he retains title, possession and enjoyment of the remaining 7 Sq.M. of the property with a portion of the building bearing
No.TC 18/967 (New T.C. 48/130). The petitioner maintains that there has been no encroachment or construction as alleged in Exts.P5 and P6, and
that the property and the shed referred to in Exts.P5 and P6 are the remaining extent of property with the portion of the building left with him after the
acquisition.
The fact that there has been acquisition under LAC 69/2012 regarding the property of the petitioner, whether it be in its entirety or a part thereof, is
not in dispute. In order to ascertain whether there has been an encroachment as alleged by respondents, it would suffice if measurements are done
regarding the petitioner's property with reference to the land acquisition sketch and the relevant records.
Accordingly the writ petition is disposed of directing respondents 2 and 3 to cause measurement of the petitioner's property with reference to the
land acquisition sketch and records in LAC 69/2012 and identify whether there has been any encroachment by the petitioner. The measurement shall
be conducted with notice to the petitioner. If on such measurement it is found that there has been encroachment and putting up of illegal structure, it
shall be open for the respondents to take appropriate steps for eviction in accordance with law. Let the proceedings be completed as expeditiously as
possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Till then status quo regarding the property
shall be maintained by both sides.