V.P. Joseph vs State of Kerala and Others

C.N. Ramachandran Nair, J.—This appeal is filed against the judgment of the learned single Judge declining to interfere with the order issued by the Government allowing Respondents 5 and 6 to continue to reside in the four cents of land where they were residing for the last 19 years. Counsel for the Appellant submitted that the land occupied by Respondents 5 and 6 is river puramboke and going by the several decisions of this Court Government should not allow occupation of river or kayal puramboke land by anybody. Even though we find force in this contention that puramboke land should not be allowed to be trespassed, in this case we do not find any scope for interference because Government have not conferred title of land on Respondents 5 and 6 and have only allowed Respondents 5 and 6 to continue under the orders issued by them. As and when Government arrange for resettlement of persons occupying puramboke land, it is for the Government to order eviction and resettlement of Respondents 5 and 6 in a suitable place.

W. A. is dismissed with the above observation.