T.R. Ramachandran Nair, J.@mdashThe challenge is against Exhibits P3 to P8 communications whereby the petitioners are sought to be evicted from the purambokku land near Nedumbassery Airport. Various grounds have been raised in the Writ Petition. It is mainly contended that the Tahsildar, Aluva as per Exhibit P1 had requested the District Collector to grant sufficient time for the petitioners to vacate the premises and to include them in the project for distribution of land for the landless people.
2. Notices have been issued by the Assistant Executive Engineer, Minor Irrigation Sub Division, Aluva-the 1st respondent. It is mainly contended in the counter affidavit of the 1st respondent that the Assistant Executive Engineer, Irrigation Department has been empowered with the powers u/s 11 of the Land Conservancy Act within his respective jurisdiction.
3. The communications, therefore, can be challenged by the petitioner before the forum provided under the Land Conservancy Act to entertain appeals from those orders.
4. It is pointed out that this Court did not grant any interim order. It is not clear from the counter affidavit whether the petitioners have been actually evicted. I am not expressing anything on that matter, since the parties have to be relegated to avail the statutory remedy of filing appeal.
5. If the petitioners file such appeal/appeals within a period of one month from today before the competent authority u/s 16 of the Land Conservancy Act, the same will be entertained and appropriate orders will be passed by the appellate authority after hearing the petitioners. Their claim for assignment of the land will also be considered by the District Collector as requested for by the Tahsildar as per Exhibit P1, if not already considered.
The Writ Petition is disposed of as above.
